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Resolution-PC 2024-004Findings of Fact and Statement of Overriding Considerations Final Subsequent Environmental Impact Report No. 352 State Clearinghouse No. 2021100402 DisneylandForward City of Anaheim Prepared for City of Anaheim Contact: Elaine Thienprasiddhi, AICP Senior Planner 200 South Anaheim Boulevard Anaheim, California 92805 Prepared by Psomas Contact: Jennifer Marks Principal, Environmental Services 5 Hutton Centre, Suite 300 Santa Ana, California 92707 March 2024 EXHIBIT C A-i TABLE OF CONTENTS Page I. Introduction ................................................................................................... A-1 II. Project Objectives ......................................................................................... A-2 III. Project Description ........................................................................................ A-4 IV. Effects Determined to have No Impact During Scoping Process ................. A-6 A. AESTHETICS................................................................................... A-6 B. AGRICULTURE AND FORESTRY RESOURCES ....................... A-6 C. BIOLOGICAL RESOURCES .......................................................... A-7 D. CULTURAL RESOURCES ............................................................. A-7 E. GEOLOGY AND SOILS ................................................................. A-7 F. HAZARDS AND HAZARDOUS MATERIAL ............................... A-8 G. HYDROLOGY AND WATER QUALITY ...................................... A-8 H. MINERAL RESOURCES ................................................................ A-8 I. NOISE ............................................................................................... A-8 J. POPULATION AND HOUSING ..................................................... A-8 K. RECREATION ................................................................................. A-9 L. WILDFIRE ....................................................................................... A-9 V. Effects Determined to Have No Impact or Be Less Than Significant Without Mitigation ........................................................................................ A-9 A. AIR QUALITY (Threshold 5.2) ....................................................... A-9 B. LAND USE AND PLANNING (Threshold 5.10) ............................ A-9 C. POPULATION AND HOUSING (Threshold 5.12) ....................... A-10 D. PUBLIC SERVICES (Threshold 5.13) .......................................... A-10 E. TRIBAL CULTURAL RESOURCES (Threshold 5.15) ................ A-10 VI. Effects Determined to be Potentially Significant Environmental Impact but Mitigated to a Less Than Significant Level .......................................... A-10 A. AESTHETICS (Threshold 5.1) ....................................................... A-10 B. AIR QUALITY (Threshold 5.2) ..................................................... A-20 C. BIOLOGICAL RESOURCES (Threshold 5.3) .............................. A-28 D. CULTURAL RESOURCES (Threshold 5.4) ................................. A-31 E. ENERGY (Threshold 5.5) .............................................................. A-35 F. GEOLOGY AND SOILS (Threshold 5.6)...................................... A-47 G. GREENHOUSE GAS EMISSIONS (Threshold 5.7) ..................... A-55 A-ii H. HAZARDS AND HAZARDOUS MATERIALS (Threshold 5.8) .................................................................................................. A-63 I. HYDROLOGY AND WATER QUALITY (Threshold 5.9) .......... A-72 J. LAND USE AND PLANNING (Threshold 5.10) .......................... A-85 K. NOISE (Threshold 5.11) ................................................................. A-88 L. PUBLIC SERVICES AND RECREATION (Threshold 5.13) ...... A-98 M. TRANSPORTATION (Threshold 5.14) ....................................... A-116 N. TRIBAL CULTURAL RESOURCES (Threshold 5. 15) ............. A-135 O. UTILITIES AND SERVICE SYSTEMS (Threshold 5.16) ......... A-139 VII. Environmental Impacts Determined to be Significant and Unavoidable in the Subsequent EIR ............................................................................... A-170 A. AIR QUALITY (Threshold 5.2) ................................................... A-170 B. CULTURAL RESOURCES (Threshold 5.4) ............................... A-190 C. GREENHOUSE GAS EMISSIONS (Threshold 5.7) ................... A-196 D. NOISE (Threshold 5.11) ............................................................... A-213 VIII. Irreversible Environmental Changes, Growth Inducement, and Other CEQA Considerations ............................................................................... A-218 A. IRREVERSIBLE ENVIRONMENTAL CHANGES ................... A-218 B. GROWTH-INDUCING IMPACTS.............................................. A-219 IX. Project Alternatives ................................................................................... A-221 A. ALTERNATIVE 1 - NO PROJECT/CONTINUING DEVELOPMENT ......................................................................... A-221 B. ALTERNATIVE 2 – RESTRICT REMOVAL OR SUBSTANTIAL CHANGES TO HISTORIC FEATURES ........ A-222 C. ALTERNATIVE 3 – DEVELOPMENT WITH NO THEME PARK EAST OVERLAY ............................................................. A-224 D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE ............. A-225 X. Statement of Overriding Considerations ................................................... A-227 A-1 EXHIBIT A Findings of Fact in Support of Findings I. Introduction Under the California Environmental Quality Act (CEQA), California Public Resources Code (PRC) § 21000, et seq., and the State CEQA Guidelines (CEQA Guidelines), California Code of Regulations, Title 14, Division 6, Chapter 3, prior to approving a project for which an environmental impact report (EIR) has been certified which identifies one or more significant effects on the environment that will occur if a project is approved the public agency must make one or more of the following findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects identified in the EIR; Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; and/or Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR.1 Additionally, a Lead Agency must not approve a project that will have a significant effect on the environment unless it finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects (PRC § 21081(b); CEQA Guidelines § 15093). The Anaheim City Council has prepared a Statement of Overriding Considerations to document and substantiate the reasons to support its action based on the Final Subsequent EIR No. 352 (Final Subsequent EIR) and other information contained in the administrative record for the DisneylandForward Project (Project). Pursuant to PRC Section 21081, CEQA Guidelines § 15091 and the City of Anaheim’s (City) CEQA procedures, the Anaheim City Council hereby makes the following findings in connection with the Project. These findings are based upon substantial evidence in the administrative record for these proceedings, both written and oral, the Final Subsequent EIR for the Project, which includes the Draft Subsequent EIR and appendices, the Comments and Responses to Comments on the Draft Subsequent EIR, and the Corrections and Additions to the Draft Subsequent EIR, as well as staff and consultants reports presented through the hearing process for the Project. Additionally, the Anaheim City Council adopts a Mitigation Monitoring Program (MMP) to ensure compliance during Project implementation and meet all requirements as outlined in PRC Section 21081.6. The Anaheim City Council finds that the Final Subsequent EIR reflects the Anaheim City Council’s independent judgement as the Project Lead Agency, pursuant to PRC Section 21082(c)(3). 1 Cal. Pub. Res. Code § 21081; 14 Cal. Code Regs. §§ 15091, 15163. A-2 As the City determined the Project required the preparation of a Subsequent EIR as the Project’s changes to The Disneyland Resort Project and the Anaheim Resort Specific Plan (ARSP) Project may create new or substantially more severe significant impacts than those impacts identified in EIR No. 311, Master EIR No. 313 and/or Supplemental EIR (SEIR) No. 340 (the Prior Project EIRs), these Findings apply the Subsequent EIR standard under PRC Section 21166 and CEQA Guidelines Section 15162. These Findings compare the Project specific conclusion with the conclusions in the Prior EIRs, and is organized by the three major conclusion sections: Conclusions in Prior EIRs, Project Specific Conclusion, and Project Conclusion Compared to Previous EIR Conclusions. II. Project Objectives As part of The Disneyland Resort Project analyzed in EIR No. 311, certified by the City of Anaheim in 1993, the City established objectives for The Disneyland Resort Project. The objectives set the framework and criteria for the envisioned pattern and intensity of growth for the Disneyland Resort Specific Plan (DRSP). Many of these objectives remain applicable to the Project evaluated in the Final Subsequent EIR, which amends The Disneyland Resort Project, analyzed in EIR No. 311, and the ARSP Project, analyzed in Master EIR No. 313 and SEIR No. 340, certified by the City of Anaheim in 1994 and 2012, respectively. EIR No. 311, Master EIR No. 313 and SEIR No. 340 are referred to as Prior EIRs in these findings. The underlying purpose of the Project is to allow continued, long-term growth of The Disneyland Resort Project, approved by the City in 1993, by allowing the movement of theme park, hotel and other retail, dining and entertainment uses permitted under The Disneyland Resort Project to Disney Properties within the DRSP and the ARSP to support a fully integrated, multi-day vacation destination. Another underlying purpose of the Project is to allow the City to perform administrative reviews of Disney’s development projects on Disney Properties. The objectives of the Project are the ongoing implementation of the following Disneyland Resort Project and ARSP Project objectives which were in place when the City approved The Disneyland Resort Project and the ARSP Project: The Disneyland Resort Project objectives from EIR No. 311 that remain applicable to the DisneylandForward Project: • To reconfirm and enhance Southern California as one of the world’s greatest tourist destinations; • To support the ongoing transformation of The Anaheim Resort into a multi-day destination resort for use by Southern California metropolitan area residents, as well as visitors from around the world; • To promote the goals of the Anaheim General Plan by enhancing visitor-serving commercial uses in the City and to provide a catalyst for the economic and physical enhancement of Anaheim; A-3 • To support the buildout of a fully integrated resort that increases visitation levels and generates an economic base capable of supporting project components consistent with the objectives of the City; • To maintain and enhance the economic vitality of the City of Anaheim and Orange County by providing business and job opportunities associated with the construction and operation of The Disneyland Resort; • To enhance The Anaheim Resort by providing a wider range of attractions, hotel accommodations, restaurants, shopping opportunities, and public parking; • To accommodate existing and anticipated traffic through implementation of an innovative transportation and parking plan, including convenient access to parking facilities from freeways, use of conveyance systems to shuttle visitors from parking facilities and hotels to area attractions, and provision of pedestrian walkways throughout The Disneyland Resort; • To lay a foundation for future economic expansion and minimize environmental impacts through comprehensive site development guidelines; and • To develop public/private cooperation and partnership which utilize the private sector to fund vitally needed improvements in The Anaheim Resort to benefit the public. The ARSP Project objectives from SEIR No. 340 that remain applicable to the DisneylandForward Project: • To maintain and encourage Anaheim’s position as a nationally recognized tourist, convention and recreation center; • To increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property; • To encourage the development of quality facilities that complement conventions, family entertainment, and recreation within appropriate areas of the community; and • To maintain the integrity of the Commercial Recreation Area (now referred to as The Anaheim Resort) by permitting only compatible land uses within this designated area. Additional objectives of the Disneyland Resort Project include: • To support the continued reimagination of The Disneyland Resort to meet and exceed evolving guest expectations for immersive entertainment and technological advances in theme park and other resort experiences. • To continue to fulfill the following vision of Walt Disney: “Disneyland will never be completed…It will continue to grow as long as there is imagination left in the world”; and A-4 • To allow the expansion of theme park and parking uses to Disney ARSP Properties to support the continued success and vitality of The Anaheim Resort, including The Disneyland Resort. In 2004, the Anaheim City Council adopted a comprehensive update of its General Plan, including some updates to the goals, policies and objectives applicable to The Anaheim Resort. The DRSP and ARSP would continue to implement goals and policies of the General Plan of the City of Anaheim and, specifically, the goal of the City of Anaheim to enhance the attraction of tourists and visitors to The Anaheim Resort. The Project also would generate substantial public revenues and employment opportunities. Benefits to the local economy would include the creation of direct part- time and full-time employment positions associated with The Disneyland Resort, creation of indirect part-time and full-time employment positions associated with The Disneyland Resort’s supply chains, the labor income associated with these employment positions, additional economic output in the form of goods and services produced by The Disneyland Resort, and State and local tax revenue. III. Project Description To allow continued, long-term growth of The Disneyland® Resort, Walt Disney Parks and Resorts, U.S., Inc. (Disney), proposes DisneylandForward (Project), which would allow the transfer of uses permitted under The Disneyland Resort Project to other areas of the DRSP and the Disney ARSP Properties (collectively with Disney’s properties in the DRSP, Disney Property or Disney Properties). These areas are or will be considered to be part of The Disneyland Resort Project as modified by the DisneylandForward Project. The Project would not increase the amount of development square footage or hotel rooms currently allowed in the DRSP and analyzed in EIR No. 311, which the City certified in 1993, or the number of hotel rooms currently allowed in the ARSP and analyzed in SEIR No. 340, which the City certified in 2012. However, the Project would permit an increase of 4,376 theme park-related parking spaces in the ARSP. The Project also would provide for future administrative review by the City of Disney’s development projects on Disney Properties, which would rely on this Final Subsequent EIR No. 352 in accordance with CEQA standards. Within The Disneyland Resort, the Project proposes to reallocate allowable land uses within the Theme Park District (389 acres), the Parking District (57.1 acres), and the Southeast District (24.7 acres). The former Hotel District would become part of the Theme Park District and the Future Expansion District would become the Southeast District. The Project would allow Disney to move a portion of the unused approved theme park square footage to the existing Hotel District, which would become part of the new expanded Theme Park District of the DRSP. The Project also would allow Disney to move a portion of the unused approved theme park square footage to the existing Future Expansion District, which would become the Southeast District of the DRSP, and to the proposed Theme Park East and West Overlays of the ARSP. Under the Project, Disney could develop cumulatively up to 6,850,000 previously approved square feet of theme park uses in the DRSP, including up to 6,850,000 A-5 previously approved square feet in the expanded Theme Park District if all theme park square footage were developed in the expanded Theme Park District. Disney could also develop a portion of this previously approved theme park square footage in the newly renamed Southeast District (up to 390,000 square feet), in the proposed Theme Park East Overlay (up to 840,000 square feet), and in the proposed Theme Park West Overlay (up to 80,000 square feet). If theme park square footage is developed in the Southeast District and Theme Park East and West Overlays, an equivalent amount of theme park square footage would be removed from the allotment for the Theme Park District, such that the maximum theme park square footage would not exceed 6,850,000 square feet. Similarly, the Project would allow Disney to move the unused portion of the hotel room approvals from the existing Hotel District to the existing Theme Park District or the existing Future Expansion District, the newly renamed Southeast District. Under the Project, Disney could develop cumulatively up to 5,600 previously approved hotel rooms in the DRSP, including a combination of up to 5,600 previously approved hotel rooms in the expanded Theme Park District if all hotel rooms were developed in the expanded Theme Park District and up to 1,852 previously approved hotel rooms in the newly renamed Southeast District. Disney is not seeking additional square footage for theme park uses or retail entertainment uses or additional hotel rooms within The Disneyland Resort as part of this Project. Instead, the Project would allow Disney to move the existing approvals to other areas governed by the DRSP and ARSP. The Project would create a Theme Park East Overlay within the ARSP for the existing Toy Story Parking Lot and a Theme Park West Overlay within the ARSP for the existing Paradise Pier Hotel. The Theme Park Overlay would allow Disney to develop theme park uses on these properties concurrently with the development of theme park uses on the expanded Theme Park District or the Southeast District of the DRSP. With the Project, Disney could develop up to 840,000 square feet of previously approved theme park uses within the Theme Park East Overlay and up to 80,000 square feet of previously approved theme park uses within the Theme Park West Overlay for a cumulative total of up to 920,000 square feet of previously approved theme park uses in these Overlays. The Anaheim Municipal Code currently allows theme park uses in these Overlay areas with approval of a conditional use permit. The Project would create a Parking Overlay within the ARSP for the Disney ARSP Properties located at 1515 S. Manchester Avenue, 1585 S. Manchester Avenue, 1530 S. Harbor Boulevard, and 333 W. Ball Road. The Project would increase the number of permitted theme park parking spaces in the Parking Overlay at 333 W. Ball Road, permitting up to 5,700 parking spaces (this includes 1,324 existing spaces plus 4,376 additional spaces). The Parking Overlay would permit development of the same type of parking and transportation facilities allowed under Anaheim Municipal Code Section 18.114.080 for the East Parking Area of the DRSP Parking District, and the same type of back-of-house uses, limited retail, and dining and entertainment uses allowed under Anaheim Municipal Code Section 18.114.060 for the Theme Park District of the DRSP. Parking facilities in the Parking Overlay would be architecturally A-6 treated through use of terraced structures; landscaped buffers and berms; noise attenuation louvers along the openings on the lower levels and solid walls with landscaped planters on the upper levels; and additional landscaping in the setbacks. Disney could also develop hotel rooms in these Overlays as permitted by the existing ARSP. Approval of the Project requires amendments to the City of Anaheim General Plan, DRSP, ARSP, Anaheim Resort Public Realm Landscape Program, Anaheim Resort Identity Program, and Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map. No changes are proposed to District A, or the Anaheim GardenWalk, or Commercial Recreation (C-R) Overlays, of the DRSP or Hotel Circle Specific Plan (HCSP). IV. Effects Determined to have No Impact During Scoping Process At the onset of the CEQA process, the City determined that a Subsequent EIR would be required for the Project and an Initial Study was prepared to focus the required analysis to be carried through to the Subsequent EIR. Through the Initial Study, the City determined that no new or substantially more severe significant impacts than those disclosed in the Prior EIRs or no impact would occur related to the following topics, and that no further review would be conducted in the Subsequent EIR. The following effects were determined to have no impact: A. AESTHETICS 1. The Project will not have a substantial effect on a scenic vista, thus there is no impact. 2. The Project will not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway or local scenic expressway, scenic highway, or eligible scenic highway, thus there is no impact. B. AGRICULTURE AND FORESTRY RESOURCES 1. The Project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use as the Project Site and surrounding area developed urban areas and are not mapped as Farmland, thus there is no impact. 2. The Project will not conflict with existing zoning for agricultural use or a Williamson Act contract because there is no agricultural zoning or use in the area and the Project Site is not subject to any Williamson Act contracts, thus there is no impact. 3. The Project will not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production, thus there is no impact. 4. Development of the Project will not result in the loss of forest land or conversion of forest land to non-forest uses, thus there is no impact. A-7 5. The Project does not involve other changes in the existing environment which, due to their location or nature, that could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest land, thus there is no impact. C. BIOLOGICAL RESOURCES 1. The Project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, and thus there is no impact. 2. The Project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service, and thus there is no impact. 3. The Project will not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means, and thus there is no impact. 4. The Project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, and thus there is no impact. 5. The Project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan, and thus there is no impact. D. CULTURAL RESOURCES 1. The Project will not disturb any human remains, including those interred outside of dedicated cemeteries, and thus there is no impact. E. GEOLOGY AND SOILS 1. The Project will not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction, and thus there is no impact. 2. The Project will not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including landslides, and thus there is no impact. 3. The Project will not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse, and thus there is no impact. 4. The Project will not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater, and thus there is no impact. A-8 F. HAZARDS AND HAZARDOUS MATERIAL 1. The Project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school, and thus there is no impact. 2. The Project will not be located within an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), and therefore will not result in a safety hazard or excessive noise for people residing or working in the Project area, and thus there is no impact. 3. The Project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and thus there is no impact. 4. The Project will not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires, and thus there is no impact. G. HYDROLOGY AND WATER QUALITY 1. The Project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows, and thus there is no impact. 2. The Project will not be located in flood hazard, tsunami, or seiche zones, and therefore will not risk release of pollutants due to project inundation. Thus, there is no impact. H. MINERAL RESOURCES 1. The Project will not result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state, thus there is no impact. 2. The Project will not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, thus there is no impact. I. NOISE 1. The Project will not be located within the vicinity of a private airstrip or an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), and therefore will not expose people residing or working in the project area to excessive noise levels. Thus, there is no impact. J. POPULATION AND HOUSING 1. The Project will not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere, and thus there is no impact. A-9 K. RECREATION 1. The Project will increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated, and thus there is no impact. 2. The Project will not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment, and thus there is no impact. L. WILDFIRE 1. The Project will not substantially impair an adopted emergency response plan or emergency evacuation plan, and thus there is no impact. 2. The Project will not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, and thus there is no impact. 3. The Project will not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment, and thus there is no impact. 4. The Project will not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes, and thus there is no impact. V. Effects Determined to Have No Impact or Be Less Than Significant Without Mitigation The Draft Subsequent EIR found that the Project would have no significant impact or a less than significant impact without the imposition of mitigation for the environmental topic areas listed below. A. AIR QUALITY (Threshold 5.2) 1. The Project will not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people; thus there is no significant impact. (Threshold 5.2d) 2. Impacts related to Air Quality will be less than significant related to carbon monoxide (CO) hotspots, toxic air contaminants (TACs) and odors, and not cumulatively considerable. (Cumulative Impacts) B. LAND USE AND PLANNING (Threshold 5.10) 1. The Project will not physically divide an established community; thus there is no significant impact. (Threshold 5.10a) A-10 C. POPULATION AND HOUSING (Threshold 5.12) 1. The Project will not induce substantial unplanned population growth in an area, either directly (by proposing new homes and businesses) or indirectly (through extension of roads or other infrastructure; thus, there is no significant impact. (Threshold 5.12a) 2. Impacts related to Population and Housing will be less than significant related to inducing substantial unplanned population growth in an area either indirectly or directly, and therefore are not cumulatively considerable. (Cumulative Impacts) D. PUBLIC SERVICES (Threshold 5.13) 1. The Project will not result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks; thus, there is no significant impact. (Threshold 5.13a(iv)) 2. Impacts related to Public Services, will be less than significant related to parks, and therefore are not cumulatively considerable. (Cumulative Impacts) E. TRIBAL CULTURAL RESOURCES (Threshold 5.15) 1. The Project will not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), and thus there is no significant impact. (Threshold 5.15a) VI. Effects Determined to be Potentially Significant Environmental Impact but Mitigated to a Less Than Significant Level A. AESTHETICS (Threshold 5.1) 1. Public Views – Construction (Threshold 5.1c) This threshold analyzes whether the Project would conflict with applicable zoning and other regulations governing scenic quality during construction activities, as the site is located in an urbanized area. Although not located in a non-urbanized area, this threshold also discusses whether the Project would substantially degrade the existing visual character or quality of public views of the site and its surroundings during construction. A-11 (a) Findings The Project would include development and implementation of a Construction Barrier Plan. The plan would identify the location, height, and composition of barriers needed to physically screen views of construction activities. The barriers would reduce visibility of construction areas and activities from public areas, and ensure public views during construction would be less than significant. Accordingly, the following mitigation measure imposed upon the Project would mitigate construction impacts regarding public views to a less than significant level: MM AES-5: Prior to approval of each grading plan or issuance of each demolition or building permits, whichever occurs first, a Construction Barrier Plan showing the location and types of barriers shall be in place during grading and construction. Said plan shall provide for all construction areas to be screened from view in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, Site preparation or grading, whichever occurs first. (EIR No. 311, PDF 3.8-2) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 analyzed construction-related impacts and specifically identified that The Disneyland Resort Project would cause visual disruption during construction activities. Despite the use of construction barriers that were identified as PDF 3.8-2, EIR No. 311 found that construction-related impacts related to visual resources and aesthetics were significant and unavoidable. SEIR No. 340 did not specifically address construction- related visual impacts. Project Specific Conclusion Development of the Project would involve construction activities that would create visual disruptions to the Project Site. Construction activities are expected to involve demolition of existing structures, landscaping, hardscape, roadways, and parking areas and would include construction of new buildings and structures, including parking lots and structures, hotels, and theme park uses. Due to the size and layout of the Project Site and existing on- and off-site development, only a portion of future construction- related activities would be visible from public viewpoints at any point in time, and these activities would be largely limited to those occurring along the Project Site’s perimeters. Consistent with the analysis contained in EIR No. 311 and with implementation of MM AES-5, the Project would include development and implementation of a Construction Barrier Plan to reduce visibility from public areas. Pursuant to PRC Section 21071 and as discussed previously, the Project Site is located in an urbanized area; therefore, the analysis for this threshold focuses on whether the Project would conflict with applicable zoning and other regulations governing scenic quality. The Project would be required to comply with all design guidelines as set forth in the ARSP, DRSP and the City’s Municipal Code. Therefore, construction activities related to Project buildout would not conflict with applicable zoning and other regulations governing scenic quality; a less than significant impact would occur with A-12 mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with the implementation of mitigation, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation for construction. Due to the change in the threshold of significance, which now analyzes the Project in the context of urbanized areas (discussion of zoning and regulations) versus non-urbanized areas (discussion of degrading visual character and public views), the Project would result in reduced impacts when compared with the impact analysis in EIR No. 311, which identified significant and unavoidable construction- related visual impacts to adjacent property owners. This impact would be new when compared with the impact analysis in SEIR No. 340, which did not classify effects related to construction-related visual impacts. 2. Public Views – Operations (Threshold 5.1c) This threshold analyzes whether the Project would conflict with applicable zoning and other regulations governing scenic quality during operations, as the site is located in an urbanized area. (a) Findings The Project would include design elements including height limits, minimum setbacks, a landscape palette, architectural elements, and screening for certain uses to ensure the Project would not conflict with applicable zoning or regulations during operations. Specifically, the Project would implement mechanical equipment, trash, plumbing and pipes, and air conditioning screening requirements and a Construction Barrier Plan to ensure these certain uses would be located out of view of the public, and assess/modify the landscaped areas to ensure all landscaped features are properly maintained. Additionally, the Project would require a shade and shadow analysis to demonstrate that future proposed structures would avoid creating a significant impact on adjacent land uses. The following mitigation measures imposed upon the Project would mitigate operation impacts regarding public views to a less than significant level: MM AES-1: Prior to issuance of each building permit; to be implemented prior to final building and zoning inspections, the property owner/developer shall submit plans which illustrate that all mechanical equipment and trash areas for the subject buildings will be screened from adjacent public streets and adjacent residential areas. (EIR No. 311, MM 3.12-2) MM AES-4: Prior to final building and zoning inspection or whenever established; and, on an ongoing basis, the property owner/developer shall participate in a landscape assessment and maintenance district for the Anaheim Resort. (EIR No. 311, MM 3.12-5) MM AES-5: Prior to approval of each grading plan or issuance of each demolition or building permits, whichever occurs first, a Construction Barrier Plan showing the location and types of barriers shall be in place during grading A-13 and construction. Said plan shall provide for all construction areas to be screened from view in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, Site preparation or grading, whichever occurs first. (EIR No. 311, PDF 3.8-2) MM AES-6: Prior to issuance of each building permit, the proposed Specific Plan incorporates design guidelines as well as zoning and development standards, many of which have been designed to reduce the potential visual impacts of the project and to present a visually integrated resort area, including: • The Disneyland Resort Specific Plan provides for heavily landscaped streetscapes and gives the guidelines for trees and shrubs, light fixtures, benches, monuments, and signs located within the landscaped area. • The East and West Parking Areas and the hotel parking facilities will have landscaped setbacks from the public right-of-way and are restricted in height. • Rights-of-way will be landscaped to add to the aesthetics of the area. • The landscape treatments will vary to create distinct places visually. • The West Parking Area and hotel parking facilities will be terraced back from Walnut Street with landscaping treatments above 40 feet. In addition, canopy trees will be planted in a center median on Walnut Street, and the parkway along the street will be landscaped. • A coordinated color theme for major street features will be incorporated into the design. • The service areas and back-of-house areas will be screened from public view. • All rooftop equipment on buildings will be screened as per the Specific Plan. • A layered landscape treatment in the setback realm will provide screening of a 9-14 feet in height sound wall adjacent to the Southwest Parking Area. (EIR No. 311, PDF 3.12-1) MM AES-7: Prior to issuance of building permits, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. (SEIR No. 340, MM 5.1-2) MM AES-8: Prior to issuance of each building permit, all air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- A-14 occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. (SEIR No. 340, MM 5.1-12) MM AES-9: Prior to issuance of each building permit for theme park uses within the Theme Park District, the Southeast District, and the Anaheim Resort Specific Plan (ARSP) Theme Park Overlays, plans shall show compliance with the 360-Degree Architectural Treatment Criteria set forth in the Disneyland Resort Specific Plan (DRSP) and the ARSP. (SEIR No. 340, MM 5.1-13) MM AES-10: Prior to issuance of each building permit, plans shall show that no shuttle/bus/vehicular drop-off areas shall be permitted in hotel or vacation ownership resort front setback area. (SEIR No. 340, MM 5.1-14) MM AES-11: Ongoing, the property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. (SEIR No. 340, MM 5.1-3) MM AES-12: Prior to final building and zoning inspections, root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. (SEIR No. 340, MM 5.1-6) MM AES-13: Prior to final building and zoning inspections, the property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the building permit. (SEIR No. 340, MM 5.1-7) MM AES-14: Ongoing, all on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems, within an area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. (SEIR No. 340, MM 5.1-8) MM AES-15: Ongoing, any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. (SEIR No. 340, MM 5.1-9) MM AES-16: Ongoing, a licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. (SEIR No. 340, MM 5.1-10) MM AES-17: Prior to issuance of each building permits, unless records indicate previous payment, the property owner/developer shall pay a fee for street tree purposes to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. (SEIR No. 340, MM 5.1-11) A-15 MM AES-18: Prior to issuance of each building permit, the property owner/developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. (SEIR No. 340, MM 5.1-1) MM LU-3: Prior to issuance of each building permit for parking facilities, the property owner/developer shall submit plans detailing the setbacks for the parking structures and landscaping plans which minimize compatibility impacts of the parking facilities on surrounding areas, consistent with The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan. (EIR No 311, MM 3.2-2) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 anticipated significant and unavoidable adverse visual impacts for property owners immediately adjacent to the West Parking Area and hotel parking facilities along Walnut Street, and potentially the Future Expansion District, even with the implementation of PDF 3.12-1, PDF 3.8-1 and PDF 3.8-2, and MM 3.2-1, MM 3.2-2, and MM 3.12-1 through MM 3.12-5. SEIR No. 340 found that future development and redevelopment associated with buildout of the ARSP area would create a more visually cohesive and appealing environment and impacts would be less than significant with implementation of MM 5.1-1 through MM 5.1-14. Project Specific Conclusion The Project Site is located in a highly developed and urbanized area and is surrounded by residential, commercial, hotel, and visitor-serving uses, as well as transportation facilities. Given that the Project Site is located in an urbanized area, the analysis for this threshold focuses on whether the Project would conflict with applicable zoning and other regulations governing scenic quality. The majority of the Project Site is zoned as DRSP SP 92-1 (The Disneyland Resort) with the Disney ARSP properties zoned as ARSP SP 92-2 (The Anaheim Resort). Within the DRSP, areas are currently divided into the following five Districts: Theme Park, Hotel, Parking, and Future Expansion Districts as well as District A, and governed by the DRSP Zoning and Development Standards in Chapter 18.114 of the Anaheim Municipal Code. Within the ARSP, the Disney ARSP Properties are within the C-R District (Development Area 1) of the ARSP, and governed by the ARSP Zoning and Development Standards in Chapter 18.116 of the Anaheim Municipal Code. The Project would allow for development of currently entitled theme park uses within the existing Hotel District and Future Expansion District of the DRSP and on the Theme Park Overlays for two of the Disney ARSP Properties. Similarly, the Project A-16 would allow for currently entitled hotel uses in the existing Theme Park District and Future Expansion District of the DRSP and on Disney ARSP Properties. Although the Project does not propose additional square footage for theme park, retail entertainment, or hotel uses, the Project would allow movement of previously approved theme park square footage and hotel rooms to other areas within the Project Site, thus necessitating amendments to the DRSP and DRSP Zoning and Development Standards and the ARSP and ARSP Zoning and Development Standards. With approval of the requested specific plan and zoning amendments, the Project would not conflict with the DRSP, ARSP or the City’s Zoning Code. According to the Design Plan of the DRSP and Chapter 18.114 of the Anaheim Municipal Code, specific criteria are set forth to provide guidance in creating and preserving a unified resort identity. Additionally, the DRSP identifies design concepts that serve as policies to be implemented for all future development within the area governed by the DRSP, including providing consistency in landscape, creating large- scale design elements, enhancing public streets through the inclusion of landscaping, creating a unique character for different areas within the DRSP, enhancing the Central Core of The Anaheim Resort with special design standards, prioritizing and coordinating streetscape improvements to minimize future visual disruption and intrusion, and implementing specific design criteria for the public realm, the setback realm, and the private realm. The Disney ARSP Properties within the areas governed by the ARSP would also be subject to design guidelines set forth in the ARSP and Chapter 18.116 of the Anaheim Municipal Code and designated as Commercial- Recreation District. As such, the City has approved the design guidelines for the ARSP to improve the visual character of the area. Structural Height – Future development would be required to comply with maximum height regulations and setback requirements as set forth in the DRSP and ARSP. As part of the Project, modifications are proposed to the existing Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map and Chapter 18 Zoning and Development Standards in support of the Project’s amendments to the DRSP and ARSP. See Table 5.1 of the Draft Subsequent EIR for a detailed analysis of modifications to the Anaheim commercial recreation area maximum permitted structural height map and the DSRP and ASRP zoning and development standards. As discussed in the table, the proposed modifications would alter the existing visual character of the Project Site through modifications of maximum structural heights and setbacks from existing conditions and what was previously approved for the Project Site; however, these changes would contribute to a more uniform visual appearance of future development on the Project Site and would implement design elements set forth in the DRSP and ARSP with the specific intent to minimize visual intrusion to neighboring properties. These design elements include height limits, minimum setbacks, a landscape palette, architectural elements, and screening for certain uses. Therefore, the Project would implement MM AES-1, MM AES-5, MM AES-7, MM AES-8, and MM AES-10 related to screening or locating certain uses out of view; MM AES-4, MM AES-12 through MM AES-17, and MM LU-3 related to landscaping requirements, including trees; MM AES-6 and MM AES-9 related to architectural elements and visual integration; and MM AES-11 requiring prompt removal of graffiti. A-17 Shade and Shadow –A Shade and Shadow Analysis was prepared for the Project and included as Appendix C to the Draft Subsequent EIR. Consistent with typical shade and shadow study approaches, the Project’s Shade and Shadow Analysis analyzed both the existing conditions and the proposed conditions were conducted for the Winter Solstice (December 21), or the shortest daylight day of a year, and the Summer Solstice (June 21), or the longest day of the year. Daytime intervals of 8:00 a.m., 12:00 p.m., and 4:00 p.m. were used in the analysis to visually portray morning, mid-day, and late afternoon shade and shadow conditions within the Project Site and surrounding areas. The analysis was conducted for all areas that have the potential to impact shade- sensitive uses, including outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences). The maximum allowed massing envelopes developed within the model represent a worst-case scenario in which setbacks, height, and sky exposure plane are portrayed as maximum volumes, rather than as specific structures, in order to allow for the analysis of potential shade and shadow implications for the Project. Based on the analysis presented in the Shade and Shadow Study, the Project has the potential to significantly impact adjacent land uses, including residential uses to a greater degree under various future conditions, resulting in a potentially significant impact. Implementation of MM AES-18 would require preparation of a shade and shadow analysis for future structures demonstrating that the future proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. With implementation of MM AES-18, this potential impact would be mitigated to a less than significant level. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with the implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation for operations. Due to the change in the threshold of significance, which now analyzes the Project in the context of urbanized areas (discussion of zoning and regulations) versus non- urbanized areas (discussion of degrading visual character and public views), the Project would result in reduced impacts when compared with the impact analysis in EIR No. 311, which identified significant and unavoidable visual impacts to adjacent property owners. This impact would be reduced when compared with the impact analysis in SEIR No. 340 related to degradation of existing visual character or quality of public views of the site and its surroundings. A-18 3. Substantial Light or Glare (Threshold 5.1d) This threshold analyzes whether the Project would project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (a) Findings The Project lighting along the Project Site perimeters would be subject to design specifications limiting height and light sources to conceal light to the extent feasible, and focusing exterior building illumination downward to the pedestrian level and shielded away from residences to ensure the Project would not result in substantial light or glare. The following mitigation measures imposed upon the Project would mitigate impacts regarding light or glare to a less than significant level: MM AES-2: Prior to final building and zoning inspections, private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Public Utilities Department. (SEIR No. 340, MM 5.1-5) MM AES-3: Prior to issuance of each building permit for each parking facility along Walnut Street; to be implemented prior to each final building and zoning inspection, the property owner/developer shall submit plans which detail the lighting system for the parking facilities along Walnut Street, Ball Road, Haster Street and along interior property lines abutting residential neighborhoods. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. (EIR No. 311, MM 3.12-4) MM AES-19: Prior to issuance of each building permit, the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all plans submitted for building permits. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. (SEIR No. 340, MM 5.1-4) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 and SEIR No. 340 did not specifically analyze impacts related to light or glare. Project Specific Conclusion The Project Site is located within a fully developed area that is subject to nighttime lighting from existing development and transportation uses in the area. In addition to A-19 existing development associated with The Disneyland Resort, the surrounding area includes the Anaheim Convention Center, hotel/motel uses, retail areas, restaurants, and office buildings, residentials uses, and streets and freeways. All uses contribute to the night lighting on the Project Site and in the surrounding area. Existing sources of light include street lights, vehicle headlights, building and security lights, and parking lot lights. Implementation of the Project would allow for flexibility in the future development of the Project Site, allowing previously approved hotel, theme park, and parking uses to be developed throughout the Project Site, thereby potentially introducing additional sources of light and glare to new areas. However, the Project would comply with all guidelines and requirements as set forth in the DRSP, the ARSP, and Chapters 18.114 and 18.116 of the City’s Municipal Code. Specifically, future development would comply with required setbacks from property lines and install layered landscaping intended to provide physical and visual separation and reduction in direct light intrusion into adjacent off-site uses. Further, lighting along the Project Site perimeters would be subject to design specifications limiting height and light sources, and focusing exterior building illumination on the pedestrian level. For these reasons, with implementation of MM AES-2, MM AES-3 and MM AES-19, the Project would result in a less than significant impact with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed light and glare. 4. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to aesthetics. (a) Findings As with the Project, visual changes associated with future cumulative development would be subject to the applicable design guidelines as set forth in the applicable specific plan or the Anaheim Municipal Code and, to the extent feasible, impacts would be mitigated to reduce significant visual impacts. The Project would include a series of mitigation measures, such as implementation of a Construction Barrier Plan to reduce visibility from public areas, design elements consistent with zoning regulations to ensure visual compatibility with existing development, a shade shadow analysis to demonstrate that future proposed structures would avoid creating a significant visual impact on adjacent land uses by increased building height, and design specifications limiting height and light sources to ensure the Project would not result in substantial light or glare. The following mitigation measures imposed upon the Project mitigate impacts related to cumulative aesthetics impacts to a less than significant level: MM AES-1 through MM AES-19, and MM LU-3 (see above). A-20 (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, the Disneyland Resort Project would contribute to a significant and unavoidable cumulative impact related to visual impacts to residents adjacent to parking structures. According to SEIR No. 340, continued implementation of the ARSP would not represent a cumulatively considerable contribution to a cumulative impact. Project Specific Conclusion The cumulative study area for aesthetic impacts is comprised of the viewshed that includes the Project Site, the surrounding area, and, due to the lack of substantial topography and presence of intervening structures, the immediate surrounding areas. This cumulative analysis is based on the assumption of full General Plan buildout over the next 30 years, as well as buildout of adjacent jurisdictions in accordance with their general plans. The City of Anaheim, the Project Site, and adjacent areas have experienced considerable change and growth, resulting in conversion of previously under-developed areas to visitor-serving uses with associated aesthetic changes. As development pursuant to the DRSP and ARSP continues to occur, the surrounding area would also be subject to redevelopment. As with the Project, visual changes associated with future cumulative development would be subject to the applicable design guidelines as set forth in the applicable specific plan or the Anaheim Municipal Code and, to the extent feasible, impacts would be mitigated to reduce significant visual impacts. The Project would not result in any significant impacts related to aesthetics with implementation of identified mitigation measures MM AES-1 through MM AES- 19 and MM LU-3. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project’s contribution would not be cumulatively considerable and therefore the Project would not contribute to a significant cumulative impact. When considered with other cumulative projects, the Project would result in a reduced cumulative impact related to aesthetics when compared with the impact analysis in EIR No. 311, but not new or substantially more severe when compared with the impact analysis in SEIR No. 340. B. AIR QUALITY (Threshold 5.2) 1. Applicable Air Quality Plan (Threshold 5.2a) This threshold analyzes whether the Project would conflict with or obstruct implementation of the applicable air quality plan. (a) Findings The Project would include a series of vehicle miles travelled (VMT) reduction measures, such as a Transportation Demand Management (TDM) Program, A-21 conformance with VMT targets, and facilitating pedestrian opportunities, which would decrease VMT and transportation fuel use, encourage use of transit and result in a slight decrease in air pollutant emissions occurring in the operations phase. The following mitigation measures imposed upon the Project would mitigate impacts regarding potential conflicts with an applicable air quality plan to a less than significant level: MM AQ-3: Prior to issuance of the first building permit associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, whichever occurs first, the property owner/developer shall submit a site and operations plan for this facility showing the location and configuration of the on-site cast financial and dining services in conformance with The Disneyland Resort Specific Plan. Prior to final building and zoning inspections associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, the property owner/developer shall provide cast financial and dining services within the Southeast District or Theme Park East Overlay and the Theme Park District to accommodate cast members. Ongoing during project operation, the property owner/developer shall continue to provide cast financial and dining services in conformance with The Disneyland Resort Specific Plan. MM AQ-4: Ongoing during project operation, the following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length of the out-of-area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction targets have been met through other means. (EIR No. 311, MM 3.4-6) MM AQ-9: Ongoing during project operation, the property owner/developer will implement a comprehensive and aggressive Transportation Demand Management (TDM) program for all project employees. (EIR No. 311, PDF 3.4-8) MM AQ-11: Prior to issuance of each building permit for public day-use parking facilities, the public parking facilities, which may be used for theme park guest parking, shall be designed in accordance with the speed parking procedures set forth in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan which will assist in reducing vehicular fuel from idling engines. (EIR No. 311, PDF 3.14-2) PDF AQ-1: Ongoing during project operation, the project has been designed to reduce dependence on the private automobile, which will reduce and avoid many of the traffic-related emissions associated with the existing Disneyland theme park and Disney California Adventure Park, as well as those normally associated with hotels and day-use only special event activities and those associated with development of theme park uses in the Southeast District or Theme Park East Overlay. Guests will be encouraged to park their cars and leave them for the duration of their visits, thus eliminating the trips to restaurants and sightseeing, or entertainment attractions normally associated with vacation stays. Marketing efforts in Southern California will promote the A-22 Disneyland Resort as a mini-vacation site for Southland residents. (EIR No. 311, PDF 3.4-2) PDF AQ-2: Ongoing during project operations, a wide range of entertainment, lodging, retail and restaurant attractions will be located within the project area and will be linked by an electrically powered monorail system, pedestrian ways/guest transportation system to transport visitors from parking facilities to The Disneyland Resort, and/or pedestrian bridges, walkways and promenades. Convenient walkway access within the Theme Park District, the Southeast District and the Theme Park East Overlay and adjacent uses, such as the City of Anaheim Convention Center, will also facilitate pedestrian trips by non- project guests who will remain within the project area rather than use automobiles to travel to restaurants and entertainment outside of the area. (EIR No. 311, PDF 3.4-3) PDF AQ-3: Ongoing during project operations, in accordance with transportation and circulation mitigation measures, The Disneyland Resort traffic will be accommodated, and existing traffic conditions and circulation patterns will be improved through implementation of the identified transportation and parking features, including parking facilities, monorail and pedestrian way/guest transportation systems and convenient access to parking facilities from the freeway. (EIR No. 311, PDF 3.4-4) PDF AQ-4: Prior to issuance of building permits for the East Parking Facility and ongoing during project operations, The Disneyland Resort Project will include a special drop-off area on Harbor Boulevard north of Disney Way, or internal or adjacent to the East Parking Area Parking Structure and/or adjacent ARSP Parking Overlay, or other accessible location, for shuttle buses to help encourage use of buses by area visitors. (EIR No. 311, PDF 3.4-7) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found that The Disneyland Resort Project was consistent with the 1991 AQMP due to reductions in VMT, implementation of Transportation Demand Management strategies, negligible effect on housing demand, and air pollutant emissions that are consistent with the increases addressed in the 1991 AQMP. SEIR No. 340 also addressed consistency of the ARSP Project with the updated 2007 AQMP and determined that the ARSP Project would conflict with the 2007 AQMP, thus resulting in a significant and unavoidable impact. Project Specific Conclusion Pursuant to the SCAQMD’s CEQA Air Quality Handbook, a project would be inconsistent with the AQMP (SCAQMD 1993) if it would: (1) create an increase in the frequency or severity of air quality violations; cause or contribute to new violations; delay attainment of air quality standards; or (2) exceed the assumptions of the AQMP. A-23 For the first criterion, the main purpose of an AQMP, which is regularly updated by the SCAQMD, is to bring an area into compliance with the requirements of federal and State air quality standards. For a project to be consistent with the AQMP, the pollutants emitted from the project should not (1) exceed the SCAQMD CEQA air quality significance thresholds or (2) conflict with or exceed the assumptions used for preparing growth forecasts in the AQMP. A project with daily emission rates below the SCAQMD’s established air quality significance thresholds (shown in Table 5.2-4 of the Draft Subsequent EIR) would have a less than significant effect on regional air quality. Pollutant emissions from the Project would be less than the SCAQMD thresholds; therefore, the Project meets the first criterion. Moreover, with implementation of MM AQ-3, MM AQ-4, MM AQ-9, and MM AQ-11 and PDF AQ-1 through PDF AQ-4, Project impacts would be less than significant with mitigation, and result in a slight decrease in air pollutant emissions occurring in the operations phase due to a reduction in vehicle miles traveled (VMT) associated with the proposed placement of parking proximate to Interstate 5 (I-5) and use of pedestrian walkways and trams to transport guests to their destinations within the Project Site. With respect to the second criterion, the Project was assessed as to whether it would exceed the assumptions in the AQMP. The SCAQMD’s current air quality planning document is the 2022 AQMP. The Project would allow Disney to move previously approved theme park, hotel, parking and other uses to other Disney Properties in the Project Site; no new uses or additional development is proposed beyond development anticipated in EIR No. 311 and SEIR No. 340. The Project also would incorporate the latest adopted energy efficiency standards adopted by the State of California. Lastly, with implementation of MM AQ-3, MM AQ-4, MM AQ-9, and MM AQ-11 and PDF AQ-1 through PDF AQ-4, the Project would result in a slight decrease in VMT and emissions associated with placement of proposed parking near the I-5 and the use of pedestrian walkways and trams to move people throughout the Project Site. As such, the Project would not exceed the assumptions of the 2022 AQMP. The Project would not increase the frequency or severity of air quality violations; cause or contribute to new violations; delay attainment of air quality standards or exceed the assumptions of the 2022 AQMP; therefore, the Project would not conflict with or obstruct implementation of the 2022 AQMP and would therefore result in a less than significant impact with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be reduced when compared with the impact analysis in SEIR No. 340. 2. Criteria Pollutants – Localized Construction Emissions (Threshold 5.2b) This threshold analyzes whether the Project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- A-24 attainment under an applicable Federal or State ambient air quality standard during the localized construction phase. (a) Findings When two or more dust-generating construction projects, which collectively would disturb 15 acres or more and which would have demolition, excavation, or grading activity scheduled to occur concurrently, the Project would prepare a Localized Significance Threshold analysis to determine whether the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, and if so, then modifications to construction equipment profiles, construction schedules, or additional pollution reduction measures would be implemented to ensure the Project would not result in a significant net increase of criteria pollutants. If LST thresholds were exceeded, the Project would modify construction equipment profiles, schedules or provide additional pollution reduction measures which would reduce air quality emissions during construction. The following mitigation measures imposed upon the Project would mitigate impacts regarding criteria pollutants for localized construction emissions to a less than significant level: MM AQ-14: Prior to issuance of a grading permit, if two or more dust- generating construction projects, which collectively will disturb 15 acres or more and which have demolition, excavation, or grading activity scheduled to occur concurrently, a Localized Significance Threshold analysis shall be prepared. If the LST analysis determines that the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, then modifications to construction equipment profiles, modifications to construction schedules, or additional pollution reduction measures shall be implemented. (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not analyze localized construction phase emissions. SEIR No. 340 found that maximum daily NOx and CO emissions would be below the Localized Significance Thresholds (LST), however maximum daily estimated PM10 and PM2.5 emissions would exceed the thresholds and indicate a potential for local particulate matter concentrations in excess of the 24-hour standards at nearby receptors. The PM10 and PM2.5 emissions would occur during grading activities, particularly when excavating for below-grade facilities and hauling material off-site. SEIR No. 340 concluded this impact regarding localized construction phase emissions of PM10 and PM2.5 was significant and unavoidable. Project Specific Conclusion The construction of the Project would result in air pollutant concentrations local to the Project Site. Short-term local impacts to nearby sensitive receptors from on-site emissions of NO2, CO, PM10, and PM2.5 were examined based on detailed air pollutant dispersion modeling using the USEPA’s AMS/EPA Regulatory Model (AERMOD). To provide a conservative analysis of potential exposure of construction- related air pollutant emissions to offsite uses, the following worst-case assumptions were included: (1) simultaneous construction of approximately sixteen 500-room hotel A-25 developments, which includes all remaining 8,301 entitled hotel rooms within a 2-year construction timeframe; (2) a conservative density input of approximately 277 rooms/acre, consistent with the density of the Disneyland Hotel which has the highest density of all existing hotels at the Project Site; (3) demolition and site preparation phases would be required for all hotel developments; and (4) the highest peak-day emissions would occur at the same time across the approximately 16 hotel developments. Emissions from construction equipment were calculated based on offroad engines complying with Tier 4 offroad engine standards under a mitigated condition and without Tier 4 offroad engines under an unmitigated condition and assessed based on the nearest sensitive receptor locations to the analyzed construction areas. Sensitive receptors include residential areas, parks, schools, and hotels. The analysis also accounts for dominant wind patterns, or atmospheric processes that disperse a pollutant emitted by a source (in this case, construction equipment and disturbed soils). A detailed analysis of the Project related localized daily construction emissions is presented in Table 5.2-8 of the Draft Subsequent EIR. The localized emissions for all criteria pollutants would not exceed significance thresholds for CO, NO2, PM10 or PM2.5 at the nearest sensitive receptor locations. The primary source of particulate emissions is associated with dust and not vehicle exhaust. Dust-intensive construction phases include demolition, excavation, and grading. These phases tend to be relatively short in comparison to the total construction phase of individual projects. While the construction of sixteen 500-room hotels would not exceed LSTs on an average construction day which is an accepted methodology for modeling LSTs, to ensure that peak days for multiple concurrent construction projects do not exceed established LSTs, MM AQ-14 shall be implemented. With MM AQ-14 if two or more dust- generating construction projects, which collectively would disturb 15 acres or more and which would have demolition, excavation, or grading activity scheduled to occur concurrently, a Localized Significance Threshold analysis would be prepared. If the LST analysis determines that the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, then modifications to construction equipment profiles, modifications to construction schedules, or additional pollution reduction measures would be implemented. With implementation of MM AQ-14, localized impacts would be less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact regarding localized significance thresholds with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, as that EIR did not analyze localized significance thresholds. This impact would not be new and would be reduced when compared with the impact analysis in SEIR No. 340. 3. Sensitive Receptors (Threshold 5.2c) This threshold analyzes whether the Project would expose sensitive receptors to substantial pollutant concentrations. A-26 (a) Findings When two or more dust-generating construction projects, which collectively would disturb 15 acres or more and which would have demolition, excavation, or grading activity scheduled to occur concurrently, the Project would prepare a Localized Significance Threshold analysis to determine whether the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, and model worst-case scenario for the simultaneous construction of all approved hotel rooms within a two-year period to ensure the Project would not expose sensitive receptors to substantial pollution concentrations. If LST thresholds were exceeded, the Project would modify construction equipment profiles, schedules or provide additional pollution reduction measures which would reduce air quality emissions during construction. The following mitigation measures imposed upon the Project would mitigate impacts regarding exposing sensitive receptors to substantial pollutant concentrations to a less than significant level: MM AQ-14: (see above) (b) Findings of Fact Conclusions in Prior EIRs According EIR No. 311, The Disneyland Resort Project would not result in exceedances of CO standards related to CO Hotspots and impacts related to toxic risk would be less than significant with mitigation. According to SEIR No. 340, construction- and operation-related emissions of TACs would be less than significant with mitigation. Additionally, there would be no potential for a CO hotspot or exposure of persons to CO in excess of SCAQMD criteria for CO ambient air quality. Project Specific Conclusion Construction Emissions Off-site Receptors – The analysis of localized air pollutant concentrations for the Project demonstrates exposure of off-site receptors to localized construction emissions would be less than significant with mitigation MM AQ-14 under the modeled worst-case scenario for the simultaneous construction of all approved hotel rooms within a two-year period. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Carbon Monoxide Hotspots – CO ambient air quality standards are currently in a state of attainment and have not been exceeded for over a decade. The highest measured CO concentration at the monitoring station is 2.4 ppm for the 1-hour concentration, which is substantially below the AAQS of 20 ppm. The highest 8-hour measured concentration is 1.7 ppm, which is also substantially below the AAQS of 9 ppm. With increasing fuel efficiency associated with the Corporate Average Fuel Efficiency (CAFE) standards and the increased use of electric vehicles, emissions related to vehicle trips from Project and non-Project related vehicles would likewise result in emissions that would be less than those occurring today. The Project also would result in a reduction in annual VMT due to the placement of parking closer to the I-5 thereby reducing traffic along local roadways. Because CO concentrations from the previously A-27 analyzed projects would result in less than significant impacts, emissions associated with roadway vehicles would continue to decrease due to CAFE standards and the adoption of electric vehicles, measured CO concentrations are a small fraction of the AAQS, and the Project would not increase trips or VMT, the Project would likewise not result in CO hotspots and would result in a less than significant impact. Toxic Air Contaminants (Construction) – The Project’s construction activities would result in short-term emissions of diesel PM from the exhaust of off-road, heavy- duty diesel equipment used for demolition, site preparation (e.g., excavation and grading), paving, building construction, and other miscellaneous activities. To provide an estimate of potential exposure to TACs, a Human Health Risk Assessment (HRA) was prepared to determine whether local sensitive receptors would be exposed to excessive acute, chronic and carcinogenic (cancer) risk from construction activities and is included as Appendix C-3 of the Draft Subsequent EIR. The HRA evaluated air pollutant emissions associated with diesel exhaust from construction activities occurring throughout the DRSP and ARSP development areas. A conservative analysis was undertaken assuming that reductions for exhaust will not occur and the same rates of exhaust emissions would occur over the entire 20-30-year construction period. The CARB has enacted emissions reductions for offroad vehicles over the decades which lead to substantial reductions in air pollutant emissions. The results of the HRA indicate that the Project would result in construction emissions that result in a cancer risk of 4 in a million and a chronic hazard index of less than 1.0 at the Maximum Exposed Impacted Residential Receiver (MEIR), which are below the 10 in a million cancer risk threshold and the chronic hazard index of 1.0 adopted by the SCAQMD. Nearby hotels are not considered a sensitive receptor in regard to long-term carcinogenic risk which is assessed over a period of years. The MEIR is the most impacted individual residential receiver by the Project’s construction emissions. Other analyzed receptors would experience less pollutant exposure and health risks. As such, health risk impacts from construction of the Project would be under SCAQMD air quality thresholds for both cancer and non-cancer risk thresholds. Sensitive receptors near the Project Site would not be exposed to project-related vehicular exhaust that would result in excessive cancer and noncancer risk. In conclusion, the health risk impact associated with the Project would be less than significant, and no mitigation would be required. Toxic Air Contaminants (Operation) – Projects that may be long-term sources of TACs are generally those with commercial or industrial stationary sources of TAC emissions, such as manufacturing operations, gasoline stations, or those that attract multiple sources of diesel engine-driven equipment (e.g., distribution centers, truck stops, railroad yards, or bus stations). SEIR No. 340The Project would not involve air pollutant emission sources beyond those analyzed in the previous EIRs and would not result in development that is located closer to sensitive receptors. As discussed previously, the development of hotel, parking facilities and theme park attractions would not involve substantial sources of non-mobile emissions. These uses also would not involve substantial TAC emissions. The proposed land uses would not emit substantial levels of air pollution from onsite operations due to the nature of the activities and consequently would not result in substantial offsite air pollutant exposure. The Project would also be subject to AB 2588 (Air Toxics “Hot Spots” Information A-28 and Assessment Act) which requires stationary sources of emissions to report the types and quantities of air pollutants. In addition, the Project is also governed under SCAQMD Rule 1041 which requires risk assessments for certain permits for TACs that may affect human health. Because the Project would involve reallocation of existing development approvals, no new or additional TAC emission sources would occur beyond what was previously analyzed SEIR No. 340, and because the Project is required to comply with applicable TAC emission limits and controls established by the SCAQMD and California Air Resources Board, the Project would result in less than significant impacts related to TACs. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe and would be consistent with the impact analyses in EIR No. 311 and SEIR No. 340. C. BIOLOGICAL RESOURCES (Threshold 5.3) 1. Interference with Wildlife Movement or Native Nursery Sites (Threshold 5.3d) This threshold analyzes whether the Project would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. (a) Findings The Project would include regulations related to native and migratory birds, which are protected under the federal Migratory Bird Treaty Act and California Fish and Game Code Section 3503, which prohibits the take, possession, import, export, transport, sale, purchase, barter, or offering of these activities, except under a valid permit or as permitted in the implementing regulations, and would ensure the Project would not cause significant impacts to migratory or nesting birds. Specifically, Project construction activities would occur between August 1st and January 31st to avoid the bird nesting season, and if construction activities must occur during the bird nesting season, pre-construction surveys and protocols would be implemented to ensure protection of nesting birds. The following mitigation measures imposed upon the Project would mitigate impacts regarding wildlife movement and native nursery sites to a less than significant level: MM BIO-1: Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal and building demolition activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and January 31 to avoid the bird nesting season. If this is not feasible, the property owner/developer shall implement MM BIO-2. (SEIR No. 340, MM 5.3-2) A-29 MM BIO-2: Prior to the issuance of a demolition permit, grading permit or building permit, whichever occurs first, and if Project demolition and/or vegetation clearing must occur during the bird nesting season (February 1– July 31), a pre-construction nesting bird survey of structures to be demolished and/or vegetation to be removed shall be conducted by a qualified Biologist no more than three days prior to such work occurring. If the Biologist does not find any active nests within or immediately adjacent to the impact area, the vegetation clearing/construction work shall be allowed to proceed. The pre-construction nesting bird survey shall be updated following any work stoppage of two weeks or longer. If an active nest of a bird species protected under California Fish and Game Code or the Migratory Bird Treaty Act is identified within or immediately adjacent to the construction area, and the Biologist determines that the nest may be impacted or breeding activities substantially disrupted, the Biologist shall delineate an appropriate no-impact buffer zone (at a minimum of 25 feet) around the nest depending on the sensitivity of the species and the nature of the construction activity. All nests and associated buffers shall be mapped on the construction plans. The active nest shall be protected until nesting activity has ended. The following restrictions to clearing and/or construction activities shall be required until nest(s) are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest (the buffer shall be 25–100 feet for nesting birds and 300- to 500- feet for nesting raptors), unless otherwise determined by a qualified Biologist; and (2) access shall be restricted within the buffer of any active nest, unless otherwise determined by a qualified Biologist. Encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Once the qualified Biologist has determined that fledglings have left the nest, there is no evidence of a second nesting attempt, or the nest has failed, construction can proceed within the buffer zone. (SEIR No. 340, MM 5.3-1) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found The Disneyland Resort Project would have no impact related to biological resources. SEIR No. 340 concluded that vegetation removal activities associated with construction activities in the ARSP would have the potential to impact nesting birds and raptors, which would result in a significant impact. The City determined implementation of MM 5.3-1 and MM 5.3-2 regarding nesting birds would reduce these impacts to a less than significant level. Project Specific Conclusion Wildlife movement corridors facilitate movement of species between large patches of natural habitat. The Project Site and its surrounding area are located in an urbanized setting and they do not connect any stands of natural habitat. There are no significant biological resources within the Project Site. However, consistent with the findings in A-30 SEIR No. 340, there are trees and other vegetation on the Project Site that would be removed as part of the Project. This vegetation as well as structures on the Project Site may be used for nesting by native and migratory birds, which are protected under the federal Migratory Bird Treaty Act (MBTA; 16 U.S.C. §§ 703–712) and California Fish and Game Code Section 3503. The MBTA governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. It prohibits the take, possession, import, export, transport, sale, purchase, barter, or offering of these activities, except under a valid permit or as permitted in the implementing regulations. With implementation of mitigation measures MM BIO-1 and MM BIO-2, below, potential impacts of the Project would be less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not classify effects on nesting birds and raptors, but not new or substantially more severe when compared with the impact analysis in SEIR No. 340. 2. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to biological resources. (a) Findings The Project as well as other cumulative projects in the area would be required to comply with all applicable federal, State, and local regulations relating to biological resources such as nesting birds that have potential to occur in the developed areas. The Project would include regulations related to native and migratory birds including pre- construction surveys and protocols, to ensure the Project would not cause significant impacts to migratory or nesting birds. The following mitigation measures imposed upon the Project would mitigate cumulative impacts regarding nesting birds to a less than significant level: MM BIO-1 and MM BIO-2 (see above). (b) Findings of Fact Conclusions in Prior EIRs Biological resources were not evaluated as part of EIR No. 311 and according to the Initial Study, no significant impacts were identified. According to SEIR No. 340, implementation of the ARSP was determined to not result in a cumulatively significant impact to biological resources. A-31 Project Specific Conclusion The Project Site contains no suitable habitat for any special status plant or wildlife species and no native vegetation types or communities occur. Additionally, the greater vicinity is an urban, developed environment. The Project as well as other cumulative projects in the area would be required to comply with all applicable federal, State, and local regulations relating to biological resources such a nesting birds that have potential to occur in the developed areas. Further, the Project and other cumulative projects would be subject to existing and future enforcement by the appropriate regulatory agencies. Therefore, with implementation of mitigation, MM BIO-1 and MM BIO-2, the Project’s contribution would not be cumulatively considerable and therefore would not contribute to a significant cumulative impact. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not analyze impacts on nesting birds, but not new or substantially more severe when compared with the impact analysis in SEIR No. 340. D. CULTURAL RESOURCES (Threshold 5.4) 1. Archaeological Resources (Threshold 5.4b) This threshold analyzes whether the Project would cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. (a) Findings The Project would include an on-site archaeologist to monitor during ground-disturbing construction activities and develop an archaeological and human remains discovery protocol in the event artifacts or human remains are uncovered on site, to prevent any disturbances to the resources. In addition, the Project would conduct tribal consultation and retain a qualified Native American tribal monitor to provide third-party monitoring during construction-related ground disturbance activities and to recover and catalogue tribal resources as necessary, to ensure the Project would not create significant archaeological impacts. The following mitigation measures and standard requirements2 imposed upon the Project would mitigate impacts regarding archaeological resources to a less than significant level: MM CUL-1: Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: 2 A standard requirement is a federal, State, City, or local requirement that is required to be followed or implemented regardless of a project impact. A-32 a. The archaeologist must be present at the pre-grading conference in order to establish procedures for archaeological monitoring, as well as for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. Specific monitoring procedures will be established based on review of site specific conditions, including presence of native soils, anticipated construction activities, and nature of ground disturbance including depth of excavation. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the Planning and Building Department within ninety days. (EIR No. 311, MM 3.13-1; SEIR No. 340, MM 5.4-1) MM TCR-1: Tribal Cultural Resources Monitoring. Prior to the issuance of any permits allowing ground-disturbing activities that cause excavation to depths greater than current foundations, the property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and Building Department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during construction-related ground disturbance activities and to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre- construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgment that if the tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that third party tribal monitoring is required during excavation and grading activities in accordance with the City-approved Agreement. A-33 Contact information for approved tribal monitor shall be provided by the contractor to the City inspector at the pre-construction meeting. SR CUL-1: Before and during construction, if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin, and disposition pursuant to California Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5 has occurred. (SEIR No 340, SR 5.4-1) SR TCR-1: Prior to approval of any amendment to the ARSP or the City of Anaheim General Plan, the project property owner/developer shall coordinate with the City Planning Department to undergo a solicitation of Native American consultation pursuant to Senate Bill (SB) 18 (California Government Code, Section 65352.3). (SEIR No 340, SR 5.4-2) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded no impacts to cultural, historic, or prehistoric resources were expected to occur from development of The Disneyland Resort Project; however, as discussed above, mitigation was identified which reduced potential impacts on unanticipated archaeological resources to less than significant levels. SEIR No. 340 found no archaeological resources were anticipated to be discovered in the ARSP area; however, as discussed above, implementation of identified mitigation measures would reduce impacts to less than significant levels. Project Specific Conclusion The Development History Report, prepared by South Environmental, dated August 2023 and included as Appendix E-1 of the Draft Subsequent EIR, included a review of all building permits on file with the City of Anaheim and historic aerial photographs and topographic maps of the Project Site. All seven properties reviewed appear to have been originally developed as farmland during the late 19th century with development of the first buildings/structures occurring between the 1950s and 1970s. Similarly, as indicated in the Historic Resources Technical Report, Disneyland and The Disneyland Resort have been disturbed over the last sixty years. The Project Site is predominately developed in its current condition, and the Disney Properties currently containing parking lots have been developed previously as noted in the South Environmental report. No known archaeological resources are within the Project Site. Additionally, no known archaeological resources are within one mile of the Project Site. The result of the Sacred Lands File (SLF) check conducted by the NAHC was negative. There is the potential to encounter unknown archaeological resources during the Project’s grading and other ground-disturbing activities, which could result in a potentially significant impact. Therefore, changes or alternations have been incorporated into the Project in the form of MM CUL-1, which would reduce the impact to less than significant. With implementation of MM CUL-1, impacts related to the unanticipated discovery of archaeological resources would be reduced to less than significant. Additionally, although not expected, the Project would comply with A-34 SR CUL-1 requiring compliance with California Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5 regarding the treatment and disposition of human remains. Furthermore, as discussed below in Section M, Tribal Cultural Resources, in order to minimize potential direct impacts to tribal cultural resources, compliance with SR TCR-1 requiring Tribal Consultation, and implementation of MM TCR-1 requiring Native American monitoring during earth- moving and grading activities in native soil, would provide for appropriate protection of tribal cultural resources that may be discovered during construction. Therefore, this impact would be less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe than the impact analyses in EIR No. 311 and SEIR No. 340. 2. Cumulative Impacts – Archaeological Resources This discussion analyzes whether the Project would have a significant cumulative impact related to archaeological resources. (a) Findings As with the Project, testing and data recovery is standard practice at the City and is routinely required of all projects prior to and during grading activities. Despite the site- specific nature of cultural resources, the mitigation identified for use in the event that unknown or undocumented resources are discovered, standard mitigation measures and adherence to State requirements would reduce the potential for cumulative impacts, such as implementation of an archaeological monitor and Native American tribal monitor, in addition to discovery protocols, which aim to protect cultural resources during ground disturbing activities. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to archaeological resources to a less than significant level: MM CUL-1 and MM TCR-1 (see above). (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort was not anticipated to contribute to a significant cumulative impact on cultural resources. According to SEIR No. 340, despite the site-specific nature of the resources, the mitigation identified for use in the event that unknown or undocumented resources are discovered would reduce the significance level of potential cumulative impacts, and anticipated development within the ARSP area would not contribute to a significant cumulative impact. A-35 Project Specific Conclusion Although the Project—in conjunction with the effects of past projects, other current projects, and probable future projects in the City and the local area—has the potential to yield archaeological resources, these potential project impacts would require individual evaluation and mitigation, similar to MM CUL-1 and MM TCR-1, as appropriate. Mitigation with other projects would reduce potential impacts to a less than significant level. As with the Project, testing and data recovery is standard practice at the City and is routinely required of projects prior to and during grading activities. Despite the site-specific nature of cultural resources, the mitigation identified for use in the event that unknown or undocumented resources are discovered, standard mitigation measures and adherence to State requirements would reduce the potential for cumulative impacts. As a result, the Project would not have a cumulatively considerable contribution to a significant cumulative impact related to archaeological resources or result in a significant cumulative loss in regional history or prehistory. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation regarding archaeological resources, which would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. E. ENERGY (Threshold 5.5) 1. Wasteful, Inefficient or Unnecessary Consumption of Energy Resources (Threshold 5.5a) This threshold analyzes whether the Project would result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during construction or operation. (a) Findings The Project would include a series of energy, waste, water and transportation reduction measures to ensure the Project would not result in significant energy consumption during operations. The Project would implement measures aimed at reducing energy emissions, such as a TDM Program to minimize cast vehicle trips to reduce congestion and improve air quality during on-going Project operations, compliance with applicable, energy efficiency requirements to minimize energy consumption from water, electrical, and natural gas use, and participation in programs such as the Anaheim Resort Transportation (ART) system which minimize VMT emissions and transportation fuel use. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts to energy resources to a less than significant level: MM AQ-10: Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, that project design will incorporate the following energy-saving features. This energy A-36 savings will also contribute to reduced operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design and proper sealing of buildings. d. Use water-wise landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (EIR No. 311, PDF 3.4-6; SEIR No. 340, MM 5.2-6) MM AQ-11: Prior to issuance of each building permit for public day-use parking facilities, the public parking facilities, which may be used for theme park guest parking, shall be designed in accordance with the speed parking procedures set forth in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan which will assist in reducing vehicular fuel from idling engines. (EIR No. 311, PDF 3.14-2) MM ENE-1: Prior to the issuance of each building permit, the property owner/developer shall submit plans and calculations to demonstrate that the energy efficiency of each building will exceed the Title 24, Part 6, Building Energy Efficiency Standards current at the time of application by at least 10 percent. (SEIR No. 340, SR 5.15-1) MM ENE-2: Prior to submittal of plans for electrical system improvements, any new system improvements (e.g., substation, line connections), if required, shall be constructed in accordance with the City’s Electric Rates, Rules and Regulations and Electrical Specifications. Electrical Service Fees and other applicable fees will be assessed in accordance with the then current Electric Rates, Rules and Regulations and Electrical Specifications. (EIR No. 311, MM 3.10.9-3; SEIR No. 340, MM 5.17-2) MM ENE-3: Prior to approval of each final building and zoning inspection, the Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy-efficient water heaters and furnaces. The property owner/developer shall implement a program, as required, to reduce the demand on natural gas supplies. (EIR No. 311, MM 3.10.10-2) MM ENE-4: Prior to issuance of each building permit, the property owner/developer shall demonstrate on plans that fuel-efficient models of A-37 gas-powered building equipment have been incorporated into the proposed project to the extent feasible. (EIR No. 311, MM 3.14-2) MM ENE-5: Prior to issuance of a building permit, the property owner/developer shall incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of renewable biofuels, solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. (SEIR No. 340, MM 5.17-4) SR ENE-1: Prior to the issuance of each building permit, the property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. (SEIR No. 340, SR 5.15-1) SR ENE-2: Prior to issuance of building permits, the property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable California Green Building Standards. (SEIR No. 340, SR 5.17-2) MM TRA-8: Transportation Demand Management Program On-going during project operation, the need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Walt Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target. A-38 • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this A-39 program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. o Telecommuting. The Disneyland Resort employs cast members in a wide variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may develop a parking management program that provides incentives to those A-40 who rideshare or use transit means other than single-occupant auto to travel to work. o Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. o Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. o Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. o Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests o Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. The property owner/developer is A-41 currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing materials for The Disneyland Resort will describe it as an "auto- free" zone with a range of transportation amenities where cars are not needed. o Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). (EIR No. 311, PDF 3.3- 15; SEIR No. 340, MM 5.14-5, MM 5.14-6, MM 5.14-8, MM 5.14- 9, and MM 5.14-23) MM TRA-9: Ongoing during project operations, the property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. (EIR No. 311, PDF 3.3-17; SEIR No. 340, MM 5.14-4) MM UTIL-16: The property owner/developer shall provide Anaheim Public Utilities Department electrical engineering staff with its forecasted electric demand and schedules to allow for sufficient lead time for planning, design, engineering, materials procurement, and construction of new electrical facilities, if required, to accommodate the Project’s additional or modified electrical demand. Forecasts must be at least two to five years: e.g., two years for the construction of up to two line extensions and five years for the construction of three line extensions or a new substation. (b) Findings of Fact Conclusions in Prior EIRs Neither EIR No. 311 nor SEIR No. 340 directly addressed impacts related to energy efficiency. Project Specific Conclusion Construction Energy Use – Project construction would require the use of construction equipment for grading, hauling and building activities. Construction would also include the vehicles of construction workers and vendors traveling to and from the Project Site and on-road haul trucks for the export of materials from Project Site clearing and demolition and the export and import of soil for grading. A-42 Detailed calculations are provided in the CalEEMod construction output files included in Appendix C of the Draft Subsequent EIR. Natural gas consumption during Project construction would be minimal or nonexistent since energy use from construction activities is overwhelmingly powered by gasoline and diesel fuels for offroad and onroad vehicles. Electricity may be used from electrical outlets or power poles during construction. The exact amount of electricity to be consumed during construction is unknown and not included within this estimate. As shown in Table 5.5-1 of the Draft Subsequent EIR, the Project would consume a total of 2,436,639 gallons of diesel fuel and 2,322,854 gallons of gasoline during construction. The Project would transfer previously approved square footage and hotel rooms to other Disney Properties within the Project Site. Accordingly, the Project would not create a new impact on energy consumption during construction. Fuel energy consumed during construction would be temporary in nature and would not represent a significant demand on energy resources. Offroad diesel regulations also limit idling which reduces fuel consumption and offroad vehicles are also required to register with CARB. Furthermore, there are no unusual Project characteristics that would necessitate the use of construction equipment that would be less energy-efficient than comparable equipment at construction sites in other parts of the State. Energy used in the construction of the Project would enable the development of buildings that meet the latest energy efficiency standards, as detailed in California’s Title 24 building standards. Additionally, implementation of the Project would reallocate approved development square footage throughout the Project Site, and no new uses are proposed. Therefore, the proposed construction activities associated with the Project would not result in inefficient, wasteful, or unnecessary fuel consumption and a less than significant impact would occur. Operations Phase Energy Use – Energy consumption associated with the operations phase of the Project consists of electricity for lighting and electronic devices, natural gas for space heating and cooking needs, and transportation fuels used by employees and visitors. Electricity and natural gas consumption estimates were calculated by the CalEEMod model, included in Appendix E of the Draft Subsequent EIR. MM TRA-8 was incorporated into the model through the inclusion of specific CAPCOA measures and MM ENE-1 was incorporated into the modeling because the energy calculations used in CalEEMod did not take into account the existing and future requirements of MM ENE-1. All other previously approved mitigation measures were not incorporated into the model, as they are already represented in the energy, waste, and water inputs. These include MMs ENE-1 through MM ENE-5, PDF ENE-1, MM AQ-10 and MM AQ-11, MM TRA-9, MM UTIL-16, and SR ENE-1 through SR ENE-2. CalEEMod automatically considers the incorporation of CAPCOA reduction measures as ‘mitigation’, and therefore, outputs reflect the incorporation of these reduction measures in the results for ‘mitigated emissions.’ Calculations of transportation-related fuel consumption associated with Project- generated traffic would be approximately 757,406 gallons of diesel fuel per year and 6,321,685 gallons of gasoline per year, as shown in Table 5.5-2 of the Draft Subsequent EIR. Fuel consumption calculations under No Project conditions are estimated at 758,568 gallons of diesel fuel per year and 6,331,389 gallons of gasoline per year. The A-43 Project would result in a slight reduction in fuel consumption compared to the No Project condition due to the reduction in VMT associated with locating parking infrastructure closer to the I-5 Freeway. The Project would also continue to use pedestrian corridors to connect hotel uses with theme park uses to promote pedestrian rather than automobile trips. As such, the Project would result in a reduction in transportation energy consumption and a decrease in reliance on fossil fuels. The Project’s individual development projects would be subject to the applicable energy standards in effect at the time of such development. The Project would promote building energy efficiency through compliance with energy efficiency standards (Title 24 and CALGreen). As shown in Table 5.5-3 of the Draft Subsequent EIR, the Project would result in natural gas usage of 165,508,413 kilo-British thermal unit (kBTU) per year for heating needs. Electricity consumed is estimated to be 402,005,865 kilowatts per year (kWh/yr). These energy estimates are based on an exceedance of 2019 Title 24 standards by 10%, as required by MM ENE-1, which was incorporated into the CalEEMod model through CAPCOA measure E-1. The Project would involve development of buildings that comply with the latest energy efficiency standards adopted by the State of California over the entire development period, implement practices that result in reductions in VMT and associated fuel use, and develop pedestrian-friendly infrastructure. Additionally, the Project’s energy consumption, as detailed in Table 5.5-3, Energy from Utilities, of the Draft Subsequent EIR was quantified under the assumption that 20% of all future parking stalls developed as part of the Project would contain EV charging, which is consistent with future ICC Building Code requirements. This quantification conservatively assumes that all EV chargers would be fully utilized throughout the day, even though it is highly likely that they would only be utilized intermittently throughout the day as charging would halt once guests’ vehicles are fully charged. There are no new net impacts associated with energy as a result of the Project; consequently, no new mitigation is required. However, mitigation measures that are already applicable to the Project such as those identified within EIR No. 311 and Draft Subsequent EIR No 340 would continue to apply. These measures would result in a reduction of energy consumption with the Project. Accordingly, the Project would not create a new impact on energy consumption. Further, in addition to regulatory requirements, the Project would implement a number of energy efficiency measures detailed in Section 5.5.5, Mitigation Program, of the Draft Subsequent EIR, including MMs ENE-1 through ENE-5, PDF ENE-1, MM UTIL-16, MM AQ-10 and MM AQ-11. Ultimately, as shown above, the Project would not result in inefficient, wasteful and unnecessary consumption of energy and a less than significant impact with mitigation would occur. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-44 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed energy efficiency. 2. Conflict with State or Local Energy Plan (Threshold 5.5b) This threshold analyzes whether the Project would conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (a) Findings The Project would include multiple transit options, a TDM Program to minimize cast vehicle trips to reduce congestion and improve air quality during on-going Project operations; and participation in a clean fuel shuttle program such as the ART system to minimize VMT emissions and energy efficiency standards to ensure the Project would not conflict with any plans related to energy efficiency. The following mitigation measures imposed upon the Project would mitigate potential impacts to the potential conflict with a state or local energy plan to a less than significant level: MM ENE-1, MM TRA-8 and MM TRA-9 (see above). (b) Findings of Fact Conclusions in Prior EIRs Neither EIR No. 311 nor SEIR No. 340 directly addressed impacts related to energy efficiency. Project Specific Conclusion The Project would be required to comply with the State of California’s Title 24 Building Standards. The latest building standards incorporate the California Energy Commission’s building energy efficiency standards which would reduce energy consumption compared to the existing Title 24 Building Standards. Additionally, the Project would comply with relevant goals within the General Plan’s Green Element and the Anaheim Public Utilities’ Greenhouse Gas Reduction Plan. As detailed in MM TRA-9, the Project would reduce single-occupancy vehicle trips because the Project, as with The Anaheim Resort, is served by the Anaheim Resort Transportation system, which provides shuttle service access to a variety of Resort destinations and uses and the Anaheim Amtrak/Metrolink Station. In addition to access to these transit options, Disney’s current TDM program, detailed in MM TRA-8, also requires continued provision of bicycle parking and amenities; an online ride-matching and carpool/vanpool program; guaranteed trip return in the event of a personal emergency, unplanned business-related activity, or inclement weather for cyclists or walkers; incentives for using alternative travel modes; flex schedule and telecommuting; electric vehicle parking and incentives; shuttle services; onsite electric utility carts, and promotions, marketing, and education of the programs and incentives. A-45 This would lead to a decrease in overall per capita energy consumption and a reduction in the reliance on fossil fuel usage. Additionally, the Project would develop 20% of all future parking stalls as EV charging stalls, which supports the use of electric vehicles and the State of California’s Advanced Clean Cars II rule that phases out the sale of fossil fueled cars. EVs also have greater fuel efficiency as compared to gasoline and diesel fueled vehicles which promotes energy efficiency. In addition, electricity used by EVs will be supported by California’s Renewable Portfolio Standards which mandates that utilities transition to 60% renewable energy sources by 2030 and 100% renewable energy by the year 2045. The Project also would comply with MM ENE-1, which would require energy efficiency of each building to exceed the Title 24 Energy Efficiency Standards for Residential and Non-residential Buildings by at least 10 percent. With implementation of MM ENE-1, MM TRA-8 and MM TRA-9 that related to Disney’s TDM Program and requiring participation in a clean fuel shuttle program, this potentially significant impact would be reduced to less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed energy efficiency. 5. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to energy. (a) Findings Other projects in the City would also comply with energy efficiency regulations, and all future proposed projects would be subject to separate impact analyses and subject to mitigation to reduce potential impacts, as appropriate. In addition, the Project would comply with the latest State of California Title 24 energy efficiency standards through implementation of mitigation to reduce on-site energy use, would provide infill development close to mass transit to limit reliance on individual vehicles, would provide local employment opportunities which would decrease VMT and transportation fuel use, and would promote pedestrian-oriented development to complementary commercial uses and proximity to theme parks to ensure the Project would not create a significant energy impact, as outlined in further detail above. The following mitigation measures imposed upon the Project mitigate cumulative impacts related to Energy to a less than significant level: MM AQ-10, MM AQ-11, MM ENE-1 through MM ENE-5, MM TRA-8, MM TRA-9, and MM UTIL-16 (see above). A-46 (b) Findings of Fact Conclusions in Prior EIRs Neither EIR No. 311 nor SEIR No. 340 directly addressed impacts related to energy efficiency. Project Specific Conclusion The federal and State governments have enacted legislation to improve energy efficiency in vehicles, equipment, and appliances; to reduce vehicle miles traveled; and to develop alternative fuels or energy sources. Utility companies are also increasing their renewable energy sources to meet the RPS mandates. California’s renewable energy commitments also support a recent increasing trend in the purchase of electric and hydrogen fueled vehicles. As stated under Threshold 5.5-1, on-site energy use would be reduced through compliance with Title 24 Building Standards and detailed in MM ENE-1 and MM UTIL-16 and other energy conservation programs and policies. Thus, the Project would not result in inefficient, wasteful and unnecessary consumption of energy. Transportation energy use would decrease with implementation of the Project. Transportation fuels are anticipated to transition from gasoline and diesel to electricity with Governor Newsom’s Executive Order N-79-20, which bans the sale of new gasoline fueled vehicles by the year 2035. Continued electrification of transportation would result in a reduction in fossil fuel use (diesel and gasoline) and an integration of electricity generation progressively fueled by carbon neutral renewable sources. As such, it is anticipated that cumulative transportation energy usage occurring in the near future and at Project buildout would continue to be progressively more efficient and less reliant on fossil fuels. As older appliances, equipment, and vehicles are replaced with newer energy efficient ones, total energy use is expected to decrease over time. All future proposed projects would be subject to separate impact analyses and would be subject to mitigation to reduce potential impacts, as appropriate. Thus, energy use from the Project and cumulative projects would not represent a substantial demand for energy with mitigation and would not contribute to a cumulative impact related to inefficient, wasteful, or unnecessary energy use. In addition, as stated under Threshold 5.5-2, because the Project would comply with the latest State of California energy efficiency standards through implementation of mitigation, would provide infill development close to mass transit, would provide local employment opportunities which would decrease VMT and transportation fuel use, and would promote pedestrian-oriented development to complementary commercial uses and proximity to theme parks, in compliance with MM ENE-1 through MM ENE-5, MM TRA-8, MM TRA-9, MM AQ-10, MM AQ-11 and MM UTIL-16, the Project would not conflict with or obstruct a State or the City of Anaheim plan, the APU’s Greenhouse Gas Reduction Plan, or policy for renewable energy or energy efficiency. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City A-47 finds that, with implementation of mitigation measures, the energy impacts will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed energy efficiency. F. GEOLOGY AND SOILS (Threshold 5.6) 1. Earthquake Fault Zones and Seismic Shaking (Thresholds 5.6a(i) and 5.6a(ii)) This threshold analyzes whether the Project would directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault or strong seismic ground shaking. (a) Findings The Project would require review and approval of appropriate geotechnical reports to ensure the site is designed in accordance with engineering, fire, seismic, and safety design recommendations which would prevent/reduce damage in the event of seismic shaking. The following mitigation measures imposed upon the Project would mitigate potential impacts related to earthquake fault zones and seismic shaking to a less than significant level: MM GEO-1: Prior to approval of each grading plan, the property owner/developer shall submit to the Public Works Department, Development Services Division, for review and approval a thorough soils and geological report for the area to be graded, based on proposed grading and prepared by an engineering geologist and geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. (EIR No. 311, MM 3.6-1) MM GEO-2: Prior to issuance of each building permit, the property owner/developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. (EIR No. 311, MM 3.6-2; SEIR No. 340, MM 5.5-1) MM GEO-3: Prior to issuance of each foundation permit, the property owner/developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (EIR No. 311, MM 3.6-3; SEIR No. 340, MM 5.5-2) A-48 MM GEO-4: Prior to issuance of each building permit, the property owner/developer shall submit plans to the Planning and Building Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. (EIR No. 311, MM 3.6-4; SEIR No. 340, MM 5.5-3) MM GEO-5: Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Building Department, Building Services Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations shall be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. (SEIR No. 340, MM 5.5-6) SR GEO-1: Ongoing during grading activities, all grading operations will be conducted in conformance with the Anaheim Municipal Code, Title 17, Land Development and Resources, and the most recent version of the California Building Code. (SEIR No. 340, SR 5.5-1) MM PS-10: Prior to issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the California Fire Code. (SEIR No. 340, MM 5.12-12) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that the potential for damage from ground-shaking would not be unusually severe compared to general conditions in Southern California and would be less than significant with mitigation. Similarly, ground rupture from fault movement was not expected and buildout of The Disneyland Resort Project would be in compliance with the Alquist-Priolo Special Studies Zone Act. SEIR No. 340 found that impacts related to rupture of a known earthquake fault would be less than significant and concluded that, while the ARSP area would be exposed to seismic ground shaking, impacts would be less than significant with mitigation. Project Specific Conclusion The Project Site is located in the highly seismic Southern California region in the influence area of several fault systems. However, the Project Site does not occur within the boundaries of an Earthquake Fault Zone as defined by the State of California in the Alquist-Priolo Earthquake Fault Zoning Act (CGS 2021). Consistent with the findings of EIR No. 311 and SEIR No. 340, impacts related to exposure of people or structures to seismic-related hazards would be potentially significant. Future development associated with the Project would comply with SR GEO-1 requiring all grading operations to be conducted in conformance with the Anaheim Municipal Code, Title 17, Land Development and Resources, and the most recent version of the CBC (City of Anaheim 2022). As such, the Project would not directly or indirectly cause A-49 substantial adverse effects involving rupture of a known earthquake fault or strong seismic ground shaking. Additionally, potential impacts associated with exposure to these hazards would be reduced to less than significant levels with implementation of the following mitigation measures: MM GEO-1 requiring the property owner/developer to submit for review and approval a thorough soils and geological report for the area to be graded; MM PS-10 requiring the property owner/developer to coordinate emergency evacuation training with the Fire Department for hotel staff and cast members; and MMs GEO-2 through MM GEO-5 requiring adherence to measures requiring detailed foundation design, adherence to seismic standards, and preparation of a report to analyze foundation excavations. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Soil Erosion and Loss of Topsoil (Threshold 5.6b) This threshold analyzes whether the Project would result in substantial soil erosion or the loss of topsoil. (a) Findings The Project would require preparation of a Storm Water Pollution Prevention Plan (SWPPP), Water Quality Management Plan (WQMP), compliance with National Pollutant Discharge Elimination System (NPDES), and standard erosion control practices to prevent run-off, provide long-term operation and maintenance requirements for treatment control, and minimize construction impacts related to erosion. The following mitigation measures imposed upon the Project would mitigate potential impacts related to soil erosion and loss of topsoil to a less than significant level: SR HWQ-1: Development projects that will result in soil disturbance of one (1) or more acres of land shall comply with the State’s Construction General Permit by filing a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) and implementing a Storm Water Pollution Prevention Plan (SWPPP). Prior to the issuance of preliminary or precise grading permits, the property owner/developer shall provide the City Engineer with evidence that an NOI has been filed with the SWRCB by providing a copy of the NOI invoice and the assigned Waste Discharger Identification (WDID) No. for the project. The SWPPP shall include Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels and shall prohibit during the construction period discharges of storm water or non-storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan. The BMPs shall address erosion control, sediment control, wind A-50 erosion control, tracking control, non-storm water management and waste management and materials pollution control during all phases of construction, including a sampling and analysis plan for sediment and non- visible storm water pollutants. The property owner/developer shall be responsible for proper implementation of the SWPPP. (SEIR No. 340, SR 5.8-1) SR HWQ-2: Prior to issuance of the precise grading permit, the property owner/developer shall prepare Water Quality Management Plans (WQMPs) for review and approval by the Public Works, Development Services. The WQMP shall identify permanent site design, source control and treatment control Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. The WQMP shall also describe the long-term operation and maintenance requirements for the treatment control BMPs and the mechanism for funding the BMPs. The WQMP shall be recorded against the property to ensure long-term compliance. (SEIR No. 340, SR 5.8-2) MM GEO-6: Ongoing during grading activities, the property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. (SEIR No. 340, MM 5.5-5) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, the potential for erosion was not significant; however, potential short-term impacts to the storm drains from silt in the runoff from the site would be less than significant with mitigation. SEIR No. 340 concluded that impacts related to erosion or loss of topsoil during demolition and/or construction activities would be less than significant with mitigation. Project Specific Conclusion The Project has the potential to result in soil erosion and loss of topsoil during construction and operations. Project construction would expose soils on the Project Site, which could result in increased soil erosion and the loss of topsoil if not implemented consistent with regulatory requirements. All construction activities must be conducted in compliance with the statewide NPDES General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities (Order No 2012-0006-DWQ, NPDES No. CAS000002), adopted by the State Water Resources Control Board (SWRCB) on July 17, 2012. In compliance with the NPDES permit for the Disney Properties, erosion potential during construction of the Project would be managed with Best Management Practices (BMPs) implemented on the Project Site as part of a SWPPP during construction activities in accordance with NPDES requirements. Compliance with SR HWQ-1 and SR HWQ-2, detailed in Section 5.9, Hydrology and Water Quality, of this Draft Subsequent EIR, requiring preparation of a SWPPP and WQMP and compliance with the NPDES, and A-51 implementation of MM GEO-6 related to erosion control standard practices would minimize construction impacts from continued development on the Project Site through implementation of BMPs. Also, once built, the Project may result in a minor increase in impervious surface coverage on the Project Site, which could lead to erosion and loss of topsoil if stormwater is not conveyed and dissipated appropriately. The Disneyland Resort Master Water Quality Management Plan (Master WQMP) was prepared for The Disneyland Resort Project by LaRoc Environmental (2014) and included as Appendix H-1 of the Draft Subsequent EIR, covers the Disney Properties, and would be applicable to the Project. The Master WQMP describes structural source control BMPs to achieve long-term water quality protection from potential degradation by the Project. With implementation of a SWPPP during construction as well as construction and maintenance of the BMPs specified in Master WQMP for The Disneyland Resort, impacts related to erosion would be less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 3. Expansive Soils (Threshold 5.6d) This threshold analyzes whether the Project would be located on expansive soil, as defined in Section 1803.5.3 of the California Building Code (2010), creating substantial direct or indirect risks to life or property. (a) Findings The Project would require the property owner/developer to submit for review and approval geotechnical reports with appropriate geotechnical recommendations to ensure the site is designed in accordance with engineering and safety design recommendations which would prevent/reduce damage in the event expansive soils occur. The following mitigation measures imposed upon the Project mitigate potential impacts related to expansive soils to a less than significant level: MM GEO-1 through MM GEO-6 (see above). (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly address the topic of expansive soils within The Disneyland Resort. As noted in SEIR No. 340, expansive soils are known to exist in the ARSP area; however, impacts were less than significant with mitigation. A-52 Project Specific Conclusion Expansive soils shrink or swell as the moisture content decreases or increases; the shrinking can shift, crack, or break structures built on such soils. According to EIR No 330 prepared for the Anaheim General Plan Update, expansive soils in the City range from low to high in expansion potential; therefore, there is potential for expansive soils be encountered on the Project Site. To mitigate potential impacts, the Project would include the implementation of MM GEO-1 through MM GEO-6 requiring the property owner/developer to submit for review and approval geotechnical reports with recommendations. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not address expansive soils. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 4. Paleontological Resources (Threshold 5.6f) This threshold analyzes whether the Project would or indirectly destroy a unique paleontological resource or site or unique geologic feature. (a) Findings The Project would require the retention qualified paleontologist prior to the initiation of grading activities which would provide proper discovery protocol and ensure the Project would not destroy any paleontological resources during construction. The following mitigation measure imposed upon the Project would mitigate potential impacts on paleontological resources to a less than significant level: MM GEO-7: Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified paleontologist meeting the Society of Vertebrate Paleontology (SVP) standards that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre-grading conference in order to establish procedures for paleontological monitoring, as well as for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If fossils are uncovered and found to be significant, the paleontological monitor shall administer appropriate actions based on SVP protocols3. 3 Society of Vertebrate Paleontology (SVP), Guidelines from the Ethics Education Committee for Collecting, Documenting and Curating Fossils (last updated 2021). https://vertpaleo.org/wp- content/uploads/2021/01/Guidelines-from-the-Ethics-Education-Committee.pdf (accessed August 18, 2023). A-53 b. Specimens that are collected prior to or during the grading process shall be reposited in an appropriate educational or research institution. Preparation, storage and curation shall be funded by the property owner/developer. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the discovery by a buffer of at least 50 feet. Construction shall not resume until the paleontological monitor has given the order to proceed in that location once a determination on the significance of the fossil discovery has been made. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (EIR No. 311, MM 3.13-2; SEIR No. 340, MM 5.4-2) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found that potential impacts related to prehistoric resources would be less than significant with mitigation. SEIR No. 340 also concluded that impacts would be less than significant with mitigation. Project Specific Conclusion A paleontological records search and literature review was conducted by Dr. Samuel A. McLeod at the Natural History Museum of Los Angeles County, dated June 10, 2021 and included as Appendix F of the Draft Subsequent EIR, which indicates there are no fossil localities that lie directly within the Project Site. Therefore, the Project would not impact known paleontological resources; however, there are Rancholabrean fossil localities nearby from the same sedimentary deposits (fossil-bearing unit Qyf) that occur in the Project Site, either at the surface or at depth. All data considered, the Project would not impact known paleontological resources; however, surface sediments at and surrounding the Project Site consist of Alluvium (Pleistocene) to unanticipated formations (Pleistocene, silty sandstones; sandy silt shot through with caliche. These sediments have high paleontological sensitivity due to their older age and fossils recorded from these units in other locations within the County). Deep excavation that involves disturbance of native soils could result in the disturbance and/or destruction of paleontological resources that may be present in deeper Pleistocene alluvial deposits that underlie the Project Site. Due to the potential to impact unanticipated fossil discoveries, potential impacts associated with construction would be significant. However, implementation of MM GEO-7 requiring the retention of a qualified paleontologist prior to the initiation of grading activities would reduce this potential impact to a less than significant level. For the reasons stated above and A-54 as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 5. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to geology and soils. (a) Findings The Project and any other development projects would be required to comply with the applicable State and local agency grading manuals and ordinances. As with the Project, future development would also be required to have site-specific geotechnical investigations to identify the geologic and seismic characteristics on a site and provide recommendations for engineering design and construction to ensure the structural integrity of the proposed development and prevent/reduce potential geological hazards on-site. The Project would require a geotechnical report, compliance with applicable seismic design criteria in the CBC and the City’s grading regulations, and retention of a qualified paleontologist to ensure proper discovery protocol during construction activities, which would result in less than significant geology and soils impact. The following mitigation measures imposed upon the Project mitigate cumulative impacts related to geology and soils to a less than significant level: MM GEO-1 and MM GEO-7 (see above). (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311 geologic and seismic impacts associated with implementation of The Disneyland Resort Project in association with surrounding development were not considered cumulatively significant with implementation of mitigation. According to SEIR No. 340, implementation of the ARSP was determined to not result in a cumulatively significant impact related to geotechnical and soil resources. Project Specific Conclusion Geology and soils impacts are generally site-specific and there is typically little, if any, cumulative relationship between the development of a project and development within a larger cumulative area (e.g., city-wide development). However, while development of the Project and future development in the City may expose more persons to seismic hazards, compliance with all requirements and standards for seismic activity would reduce the potential impacts. A-55 The Project and any other development projects would be required to comply with the applicable State and local agency grading manuals and ordinances. As with the Project, future development would also be required to have site-specific geotechnical investigations to identify the geologic and seismic characteristics on a site and provide recommendations for engineering design and construction to ensure the structural integrity of proposed development. These recommendations would be incorporated into project design. Compliance of individual projects with the recommendations of the applicable geotechnical investigation would prevent cumulatively significant hazards associated with seismic conditions, unstable soils, lateral spreading, liquefaction, soil collapse, expansive soil, soil erosion, and other geologic issues. Therefore, the Project’s contribution to cumulative geology and soils impacts would not be cumulatively considerable and the Project would not create a significant cumulative impact with implementation of MM GEO-1 through MM GEO-6 and compliance with applicable seismic design criteria in the CBC and the City’s grading regulations. It is likely that most, if not all, of the cumulative projects would result in native ground disturbance that could encounter and affect paleontological resources. During each projects’ entitlement process, it is the responsibility of the CEQA Lead Agency reviewing each of the cumulative projects to identify potentially significant impacts, including potential paleontological resource impacts, and to require mitigation measures if needed, such as paleontological resources if appropriate; therefore, the Project’s contribution would not be cumulatively considerable and the Project would not create a significant cumulative impact with implementation of MM GEO-7. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. G. GREENHOUSE GAS EMISSIONS (Threshold 5.7) 1. Conflict with Applicable Greenhouse Gas Plan, Policy or Regulation (Threshold 5.7b) This threshold analyzes whether the Project would with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gas emissions. (a) Findings The Project would include TDM strategies and other energy efficiency and conservation measures which would minimize energy usage and VMT, and reduce vehicle emissions and traffic congestion to ensure the Project would not conflict with an applicable plan, policy or regulation governing GHGs. The following mitigation measures imposed upon the Project would mitigate potential impacts regarding A-56 potential conflicts with an applicable GHG plan, policy or regulation to a less than significant level: MM AQ-4: Ongoing during project operation, the following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length of the out-of-area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction targets have been met through other means. (EIR No. 311, MM 3.4-6) MM AQ-8: Prior to issuance of building permits for each of the east and west public parking structures and any parking structure in the Southeast District; ongoing during project operation, all public day-use parking facilities, not including hotel, hotel accessory uses or cast parking facilities, will have a crew of cast members, based on parking predictions, on each lot or facility level, to assist speed parking procedures. In addition, the East and West public parking structures and any parking structure in the Southeast District will incorporate the following design features on each facility level, to assist speed parking procedures: 1. Signage designed to enhance smooth traffic flows and reduce traffic flows on each facility level. 2. Speed ramps which will take cars directly to the level that has available spaces, thus eliminating circulation movement and time involved with hunting for a space. The speed parking striping and procedures currently used at the Disneyland theme park parking lot will be adapted to use within the parking structures and will be designed to safely park 60 cars per minute. (Refer to The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan.) 3. Ceiling clearances and lateral clearances, an open well design, and enhanced lighting levels will eliminate the enclosed feeling of a standard garage, which tends to slow drivers. (EIR No. 311, PDF 3.4-5) MM AQ-9: Ongoing during project operation, the property owner/developer will implement a comprehensive and aggressive Transportation Demand Management (TDM) program for all project employees. (EIR No. 311, PDF 3.4-8) MM AQ-10: Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, that project design will incorporate the following energy-saving features. This energy savings will also contribute to reduced operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. A-57 c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design and proper sealing of buildings. d. Use water-wise landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (EIR No. 311, PDF 3.4-6; SEIR No. 340, MM 5.2-6) MM AQ-11: Prior to issuance of each building permit for public day-use parking facilities, the public parking facilities, which may be used for theme park guest parking, shall be designed in accordance with the speed parking procedures set forth in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan which will assist in reducing vehicular fuel from idling engines. (EIR No. 311, PDF 3.14-2) MM TRA-8: Transportation Demand Management Program On-going during project operation, the need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target. A-58 • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this A-59 program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. o Telecommuting. The Disneyland Resort employs cast members in a wide variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. A-60 o Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. o Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. o Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. o Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests o Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. The property owner/developer is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing A-61 materials for The Disneyland Resort will describe it as an "auto- free" zone with a range of transportation amenities where cars are not needed. o Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). (EIR No. 311, PDF 3.3- 15; SEIR No. 340, MM 5.14-5, MM 5.14-6, MM 5.14-8, MM 5.14- 9, and MM 5.14-23) MM TRA-9: Ongoing during project operations, the property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. (EIR No. 311, PDF 3.3-17; SEIR No. 340, MM 5.14-4) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly address GHG emissions as such analysis was not required in 1993. According to SEIR No. 340, buildout of the ARSP would not conflict with applicable plans, policies or regulations; however, the magnitude of the increase in GHG emissions would remain cumulatively considerable and the impact regarding GHG emissions would be significant and unavoidable. Project Specific Conclusion There are numerous State plans, policies and regulations adopted for the purpose of reducing GHG emissions including AB 32, which aims to reduce GHG emissions to 1990 levels by 20204 and the 2022 Scoping Plan, which aims to implement the reduction target of adopted under SB 32 and seeks to reduce GHG emissions through a number of measures. Those that are applicable to the Project include the development of pedestrian infrastructure which promotes non-automobile transportation options, mass transit promotion from integration of shuttles with hotels, energy efficient buildings, reduction of VMT by providing local employment opportunities, supporting California’s EV mandate by providing EV chargers, onsite employee EV usage, onsite cafeterias, support for renewable energy generation, Transportation Demand Management measures, as well as other energy efficiency and conservation measures. The Project would develop integrated theme park and hotel uses which intertwine these 4 The initial target date of 2020 has passed, but remains the initial target of AB 32 and is followed- up by other identified targets so remains relevant. A-62 uses with interesting and vibrant thematic features that would promote pedestrian travel from the Project’s different land uses. In addition, the Project would locate parking closer to the I-5 which would reduce the VMT and associated GHG emissions. Disney would continue its existing practice of transporting guests from parking facilities by tram or shuttle where appropriate. This is consistent with the 2022 Scoping Plan’s goal of using public transit, promoting nonvehicular forms of transportation, and reduction in traffic congestion which reduces air pollutant emissions. Thus, the Project is consistent with AB 32 and the associated Scoping Plan. Statewide plans and regulations such as GHG emissions standards for vehicles (AB 1493) and the Low Carbon Fuel Standard are being implemented at the statewide level; therefore, compliance at the Specific Plan level is not addressed. Therefore, the Project does not conflict with those plans and regulations. At a regional level, SCAG has adopted Connect SoCal, the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, which centers on maintaining and better managing the existing transportation network while expanding mobility choices. The components applicable to the Project include Complete Streets and Transit Backbone. The Complete Streets component seeks to increase mobility choices, reduce traffic fatalities and serious injuries, and meet greenhouse gas reduction targets by creating streets that are safe and inviting to all roadway users. The Project seeks to increase pedestrian activity and travel through the integration of uses along travel corridors from hotels and theme parks. This would reduce the need for vehicular travel and emissions from automobile exhaust and would indirectly reduce vehicle exhaust associated with congestion along local roadways near the Project Site. Project implementation would also reduce VMT related to Project design, TDM, and providing local employment opportunities. The Project would also be consistent with the goals within the Transit Backbone component of the Plan’s Core Vision which seeks to expand the transit network and foster development in transit-oriented communities to meet the Plan’s mobility and sustainability goals while continuing to grow the regional economy. The Project is supported by a variety of transit opportunities. These transit opportunities include but are not limited to ridesharing, vanpooling, transit passes, commuter bus, shuttle services, bicycling, Guaranteed Ride Home, and Target Reduction of Longest Commute Trip, in addition to financial incentives offered by The Disneyland Resort TDM program. The Green Element of the City’s General Plan describes the goals to reduce emissions, and the Project’s implementation of TDM strategies through implementation of MM AQ-4, MM AQ-8, MM AQ-9, MM AQ-10, MM AQ-11, MM TRA-8, and MM TRA-9 would reduce regional VMT to a less than significant level; therefore, with this mitigation the Project would be consistent with the goals outlined in the City of Anaheim’s General Plan Green Element. Implementation of these measures would reduce construction-worker vehicle miles as well, further reducing the impact. Additionally, the purpose of the Project is to provide flexibility in land use planning such that integration of hotel and theme park uses enhances pedestrian travel. The Project supports the City’s Green Element by enhancing pedestrian travel which would reduce vehicle trip generation and, vehicular traffic and exhaust emissions along local roadways, and utilize land planning and urban design for mixed-uses through the integration of hotel and theme park uses, while providing pedestrian amenities. A-63 Encouragement of pedestrian travel would reduce both air pollutant and GHG emissions from vehicle trips as well as emissions related to roadway congestion. Because the Project is consistent with the emission reduction goals and legislation established by both the City and the State of California, the Project would not conflict with an applicable plan, policy, or regulation of State, regional, or local agencies with implementation of mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not address GHG emissions. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. H. HAZARDS AND HAZARDOUS MATERIALS (Threshold 5.8) 1. Routine Transport, Use or Disposal of Hazardous Materials (Threshold 5.8a) This threshold analyzes whether the Project would create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (a) Findings The Project would be subject to applicable local, State, and/or federal regulations, including Best Management Practices (BMPs) required by the City and CalOSHA requirements, proper transport, use, storage, and disposal according to applicable local, State, and/or federal regulations, and implementation of standard requirements which would govern the use and handling of these common hazardous materials and ensure the Project would not result in significant hazardous impacts during construction and operations. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding the routine transport, use or disposal of hazardous materials to a less than significant level: SR HAZ-1: Ongoing during Project construction, all construction activities, including demolition and renovation of the existing facilities and installation of the new facilities, shall be performed in compliance with all CalOSHA standards (California Code of Regulations, Title 8) to protect worker health and safety. (SEIR No. 340, SR 5.7-1) SR HAZ-2: Ongoing during Project implementation, the removal and disposal of any lead-based paint (LBP) encountered on site during Project implementation shall be performed by an LBP Abatement Contractor that is licensed and registered in California pursuant to California Code of Regulations Title 17. (SEIR No. 340, SR 5.7-2) SR HAZ-3: Ongoing during Project construction and operations, activities at the Project Site shall comply with existing federal, State, and local regulations regarding hazardous material use, storage, disposal, and transport. All on-site generated waste that meets hazardous waste criteria A-64 shall be stored, manifested, transported, and disposed of in accordance with the California Code of Regulations (Title 22) and in a manner to the satisfaction of the local Certified Unified Program Agency (CUPA), as applicable. All transport and transfer of hazardous materials shall be performed by a licensed hazardous waste hauler in compliance with all applicable State and federal requirements, including U.S. Department of Transportation regulations under Title 49 (Hazardous Materials Transportation Act) and Title 40, Section 263 (Subtitle C of the Resource Conservation and Recovery Act) of the Code of Federal Regulations; California Department of Transportation (Caltrans) standards; and Division of Occupational Safety and Healthy (Cal/OSHA) standards. (SEIR No. 340, SR 5.7-3) SR HAZ-4: Ongoing during Project construction and operations, all construction activities, including demolition and renovation of the existing facilities and installation of the new facilities, shall be performed in compliance with South Coast Air Quality Management District (SCAQMD) Rule 1403 requiring a survey for and proper abatement of asbestos- containing materials prior to construction. MM HAZ-2: Ongoing during demolition and construction, in the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22. (EIR No. 311, MM 3.8-10; SEIR No. 340, MM 5.7-6) MM HAZ- 5: Prior to the removal of underground storage tanks (USTs), the property owner/developer shall obtain a permit from the Hazardous Materials Management section of the Fire Department for removal of such tanks. During removal of the underground storage tank, a representative from the Hazardous Materials Section (HMS) of the Fire Department shall be onsite to direct soil sampling. (EIR No. 311, MM 3.11-3; SEIR No. 340, MM 5.7-2) MM HAZ-6: Ongoing during remediation, all remediation activities of surface or subsurface contamination not related to underground storage tanks (USTs), conducted on behalf of the property owner/developer, shall be overseen by the Santa Ana Regional Water Quality Control Board (SARWQCB) and witnessed by Anaheim Fire Department/Hazardous Material Management Section (HMS). Information on subsurface contamination from an underground storage tank shall be provided to the Santa Ana Regional Water Quality Control Board (SARWQCB) with a copy to Planning & Building. (EIR No. 311, MM 3.11-4; SEIR No. 340, MM 5.7-3) A-65 MM HAZ-7: Prior to issuance of each demolition permit, a hazardous building material survey shall be conducted to verify the absence of hazardous building materials and, if needed, future abatement by a California-licensed contractor, and/or removal and disposal in accordance with federal, state, and local transportation and disposal regulations. (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that impacts associated with the potential release of hazardous materials would be reduced to a level considered less than significant with implementation of mitigation, which required expansion of compliance efforts for the utilization of hazardous materials. During preparation of the Initial Study for SEIR No. 340, the City determined that the project would not have a significant impact on the routine transport, use, or disposal of hazardous materials and no further analysis of this issue was presented in SEIR No. 340. Project Specific Conclusion Construction – Project construction activities would involve the use and handling of common hazardous materials, such as gasoline, oil, hydraulic fluid, diesel fuel, or other liquids associated with the operation and maintenance of construction equipment. The on-site temporary handling, storage, and usage of these materials would be subject to applicable local, State, and/or federal regulations, including Best Management Practices (BMPs) required by the City and CalOSHA requirements, as specified in SR HAZ-1. Any hazardous materials used or encountered during construction would be transported, used, stored, and disposed of according to applicable local, State, and/or federal regulations, as specified in SR HAZ-2, SR HAZ-3, and SR HAZ-4. With implementation of these standard requirements and MM HAZ-2, MM HAZ-5, MM HAZ-6, and MM HAZ-7, construction impacts related to this threshold would be reduced to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that all reasonable and feasible mitigation measures will be implemented and will mitigate impacts to a less than significant level. Operations – Similar to the existing conditions within the Project Site, Project operations would involve transport, storage, and handling of materials such as commercial cleansers, solvents, and other janitorial or industrial-use materials, paints, and landscape fertilizers/pesticides. The Project Site would continue to include on-site gasoline fueling stations associated with back-of-house uses, generators, and utilities. The Project proposes to continue to operate similar to existing and approved conditions. All anticipated future uses would be similar to existing uses, and potential impacts associated with the handling, transport, and use of hazardous materials would be reduced to less than significant levels through continued compliance with existing federal, State, and local regulations regarding hazardous material use, storage, disposal, and transport as outlined in SR HAZ-3. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-66 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be increased when compared with the impact analysis in SEIR No. 340, which found no impact related to the release of hazardous materials into the environment would occur. 2. Release of Hazardous Materials (Threshold 5.8b) This threshold analyzes whether the Project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. (a) Findings The Project would be subject to applicable local, State, and/or federal regulations, including BMPs required by the City and CalOSHA requirements, proper transport, use, storage, and disposal according to applicable local, State, and/or federal regulations, require proper abatement of asbestos containing materials, require a hazardous building material survey be conducted to verify the absence of hazardous building materials and, if needed, future abatement by a California-licensed contractor, and/or removal and disposal in accordance with federal, state, and local transportation and disposal regulations to ensure the Project would not result in release of hazards into the environment during construction and operations. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding the potential release of hazardous materials to a less than significant level: MM HAZ-1: Prior to any relocation of transformers that may contain PCBs which are being moved or relocated as part of project development, the transformers shall be tested by the property owner/developer for PCBs. (EIR No. 311, MM 3.11-8) MM HAZ-3: Prior to approval of a grading plan or issuance of a demolition permit, whichever occurs first, the property owner/developer shall submit a Phase I Environmental Site Assessment (ESA) prepared pursuant to current ASTM Standard Practice for Environmental Site Assessments to identify potential threats to human health and the environment for review by the City. If possible hazardous materials are identified during the site assessments, the appropriate response/remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate. The ESA shall details procedures that shall be taken if a previously unknown underground storage tank (UST) or other unknown hazardous materials or waste is discovered onsite. The ESA shall outline where hazardous materials may be found, types of hazardous materials anticipated, how to screen for them, and what to do in the event they are identified. The ESA shall identify the party responsible for the screening, and training requirements for those responsible for undertaking A-67 the screening effort. The ESA shall specify requirements for reporting, handling, staging, disposal, and recordkeeping. The ESA shall also identify contingencies in the event that significant contamination is identified that is 1) above regulatory thresholds and 2) cannot be removed/ remediated by proposed construction. (EIR No. 311, MM 3.11-5; SEIR No. 340, MM 5.7- 4 and MM 5.7-7) MM HAZ-4: Prior to issuance of a grading or demolition permit, whichever occurs first, in areas known or thought to have been previously occupied by underground storage tanks (USTs), or other hazardous materials or waste, and in areas where tank removal has not been verified prior to excavation or grading; the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks using geophysical methods that include the potential use of ground penetrating radar (GPR) or similar technologies to determine no abandoned USTs are present. (EIR No. 311, MM 3.11-2; SEIR No. 340, MM 5.7-1) MM HAZ-2, MM HAZ-5 through MM HAZ-7 and SR HAZ-1 through SR-HAZ-4 (see above). (b) Findings of Fact Conclusions in Prior EIRs Section 4.11, Hazardous Materials, of EIR No. 311 concluded that impacts associated with the potential release of hazardous materials would be reduced to a level considered less than significant with implementation of mitigation, which required expansion of compliance efforts for the utilization of hazardous materials. During preparation of the Initial Study for SEIR No. 340, the City of Anaheim determined that the proposed project would not have a significant impact related to the release of hazardous materials into the environment and no further analysis of this issue was presented in SEIR No. 340. Project Specific Conclusion Construction – Project construction activities would involve the use and handling of common hazardous materials, such as gasoline, oil, hydraulic fluid, diesel fuel, or other liquids associated with the operation and maintenance of construction equipment. The on-site temporary handling, storage, and usage of these materials would be subject to applicable local, State, and/or federal regulations, including BMPs required by the City and CalOSHA requirements, as specified in SR HAZ-1. Any hazardous materials used or encountered during construction would be transported, used, stored, and disposed of according to applicable local, State, and/or federal regulations, as specified in SR HAZ-2 and SR HAZ-3. Demolition of the buildings could expose construction personnel to ACMs and LBP, given the age of some buildings, unless proper precautions are taken to minimize risk of exposure. Future demolition of structures would be subject to South Coast Air Quality Management District (SCAQMD) Rule 1403, which requires a survey for and A-68 proper abatement of asbestos-containing materials prior to construction (SR HAZ-4). No other hazardous material surveys are required under federal, state, or local law. Additional hazardous building materials that are still used today may include mercury switches in thermometers and electrical equipment, and other universal wastes (such as batteries and fluorescent light bulbs). Therefore, a potential impact related to unknown hazardous wastes may occur. The Project would implement MM HAZ-1, MM HAZ-2, and MM HAZ-7, requiring a hazardous building material survey be conducted to verify the absence of hazardous building materials and, if needed, future abatement by a California-licensed contractor, and/or removal and disposal in accordance with federal, state, and local transportation and disposal regulations. Any hazardous materials used or encountered during construction would be transported, used, stored, and disposed of according to applicable local, State, and/or federal regulations, as specified in SR HAZ-2 through SR HAZ-3. With implementation of these standard requirements and mitigation measures, construction impacts related to this threshold would be reduced to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Operations – Similar to the existing conditions within the Project Site, during operation of the Project, there would be a limited amount of on-site handling of materials such as commercial cleansers, solvents, and other janitorial or industrial-use materials, paints, and landscape fertilizers/pesticides. While these materials are technically labeled as “hazardous”, these materials are common in most land uses. Impacts associated with the handling, transport, and use of such materials would be reduced to less than significant levels through compliance with existing federal, State, and local regulations regarding hazardous material use, storage, disposal, and transport as outlined in SR HAZ-3. Due to the nature of the Project, there is a potential for discovery of unknown hazardous materials or waste, including previously unknown USTs. The discovery of these materials may result in a significant impact related to accidental release of hazardous materials into the environment. MMs HAZ-3 and HAZ-7 would be implemented as part of the Project, which requires submittal of a plan, or a Phase I ESA detailing the procedures to be taken if hazardous materials or hazardous waste is encountered. MMs HAZ-4 through MM HAZ-6 would be implemented requiring investigation, including potential subsurface investigation and sampling, of the presence of cryptic tanks for any Project activities near former service stations and/or other areas with known USTs that have not yet been removed. As specified in MM HAZ-5, a permit would be obtained for the removal of any USTs and City staff would be on-site to direct soil sampling during any such removal of USTs. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be increased when compared with the impact A-69 analysis in SEIR No. 340, which found no impact related to the release of hazardous materials into the environment would occur. 3. Sites Compiled Pursuant to Government Code Section 65962.5 (Threshold 5.8d) This threshold analyzes whether the Project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment. (a) Findings The Project would require submittal of a plan or a Phase I ESA detailing the procedures to be taken if hazardous materials or hazardous waste is encountered, require investigation of the presence of cryptic tanks for any Project activities near former service stations and/or other areas with known USTs that have not yet been removed and require a permit for the removal of any USTs. City staff would be on-site to direct soil sampling during any such removal of USTs to ensure the Project would not create a significant hazard to the public. The following mitigation measure imposed upon the Project would mitigate impacts regarding hazardous material sites compiled pursuant to Government Code Section 65962.5 to a less than significant level: MM HAZ-3 through MM HAZ-7 (see above). (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that impacts would be reduced to a level considered less than significant with implementation of mitigation, based on review of available hazardous materials sites at that time. Mitigation included compliance with applicable local regulatory requirements as well as measures related to specific hazardous materials sites. SEIR No. 340 concluded impacts would be less than significant with mitigation. Project Specific Conclusion According to a review of the Department of Toxic Substance Control’s EnviroStor mapper and the State Water Board GeoTracker database, there are no parcels within the Project Site that are listed on the Cortese list compiled pursuant to Government Code Section 65962.5. The EDR Area /Corridor Report prepared for the Project identifies a number of sites on and off the Project Site where hazardous materials and substances are stored and used, as well as the locations of sites where hazardous materials and substances were released. A detailed list of all the included sites is available in Section 5.8 of the Subsequent EIR. A majority of the hazardous material sites listed and identified within the Project Site are instances of historic events including leaks or isolated releases of hazardous materials, or existing or historic generators of hazardous wastes that have no reported violations. Although no open cases are identified which would directly impact A-70 future development associated with the Project, there is potential that contaminated soil could pose a significant impact if encountered during Project construction. Additionally, due to the nature of the Project, there is a potential for discovery of unknown hazardous materials or waste, including previously unknown USTs. The discovery of these materials may result in a significant impact related to accidental release of hazardous materials into the environment. MMs HAZ-3 and MM HAZ-7 would be implemented as part of the Project, which require submittal of a plan or a Phase I ESA detailing the procedures to be taken if hazardous materials or hazardous waste is encountered. MMs HAZ-4 through MM HAZ-6 would be implemented requiring investigation, including potential subsurface investigation and sampling, of the presence of cryptic tanks for any Project activities near former service stations and/or other areas with known USTs that have not yet been removed. As specified in MM HAZ-5, a permit would be obtained for the removal of any USTs and City staff would be on-site to direct soil sampling during any such removal of USTs. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 4. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to hazardous materials. (a) Findings Similar to the Project, other cumulative projects within the City would be required to undergo individual environmental review, including review of potential impacts related to hazards and hazardous materials that are applicable to that particular development site and proposed use. If lead and asbestos are found to be present in buildings planned for demolition or renovation by cumulative projects, these conditions would require appropriate mitigation to include implementation of standard regulatory conditions and remedial action of contaminated sites. It is assumed that all cumulative projects would be required to comply with all applicable local, State and federal codes and regulations, as well as applicable BMPs, related to the treatment, handling, and disposal of each hazardous material. The Project would implement applicable hazardous materials measures as mentioned above. The following mitigation measures imposed upon the Project would mitigate cumulative impacts regarding hazardous materials to a less than significant level: MM HAZ-1 through MM HAZ-7 (see above). A-71 (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that, with compliance with federal and State regulations regarding the treatment and storage of potentially hazardous materials, no significant cumulative impacts would occur. According to SEIR No. 340, hazards would be limited to the site itself and would not contribute to hazardous conditions in a larger cumulative study area; therefore, buildout of the ARSP would not contribute to any significant cumulative hazardous materials impacts. Project Specific Conclusion Cumulative projects within the Project vicinity would have the potential to expose future area residents, employees, and visitors to hazardous materials through redevelopment of sites and structures that may be contaminated from either historic or ongoing uses. The severity of potential hazards for individual projects would depend upon the location, type, and size of development and the specific hazards associated with individual sites. Therefore, similar to the Project, other cumulative projects within the City would be required to undergo individual environmental review, including review of potential impacts related to hazards and hazardous materials that are applicable to that particular development site and proposed use. If lead and asbestos are found to be present in buildings planned for demolition or renovation by cumulative projects, these conditions would require appropriate mitigation to include implementation of standard regulatory conditions and remedial action of contaminated sites. It is assumed that all cumulative projects would be required to comply with all applicable local, State and federal codes and regulations, as well as applicable BMPs, related to the treatment, handling, and disposal of each hazardous material. Further, because restrictions on development or remediation requirements would be applied in the event that hazardous materials or waste posed a risk to safety, it is anticipated that cumulative impacts from exposure to hazards or hazardous materials or waste would be less than significant. Additionally, land use changes anticipated to occur under the Project would facilitate the safe removal of potentially hazardous building materials and the cleanup of contaminated properties, thus reducing the level of risk on a particular site in the nearby vicinity and within the Project area as a whole, compared to existing conditions. With implementation of MM HAZ-1 through MM HAZ-7, the Project would have a less than significant cumulative impact regarding hazards and hazardous materials. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311 and SEIR No. 340. A-72 I. HYDROLOGY AND WATER QUALITY (Threshold 5.9) 1. Water Quality Standards or Waste Discharge Requirements (Threshold 5.9a) This threshold analyzes whether the Project would violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. (a) Findings The Project would require preparation of a SWPPP and WQMP and compliance with the NPDES to minimize construction impacts from continued development on the Project Site through implementation of BMPs that would reduce construction-related pollutants, in addition to compliance with applicable standard regulations and ordinances during operations to ensure less than significant water quality impacts. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding water quality standards and waste discharge requirements to a less than significant level: SR HWQ-1: Development projects that will result in soil disturbance of one (1) or more acres of land shall comply with the State’s Construction General Permit by filing a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) and implementing a Storm Water Pollution Prevention Plan (SWPPP). Prior to the issuance of preliminary or precise grading permits, the property owner/developer shall provide the City Engineer with evidence that an NOI has been filed with the SWRCB by providing a copy of the NOI invoice and the assigned Waste Discharger Identification (WDID) No. for the project. The SWPPP shall include Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels and shall prohibit during the construction period discharges of storm water or non-storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan. The BMPs shall address erosion control, sediment control, wind erosion control, tracking control, non-storm water management and waste management and materials pollution control during all phases of construction, including a sampling and analysis plan for sediment and non- visible storm water pollutants. The property owner/developer shall be responsible for proper implementation of the SWPPP. (SEIR No. 340, SR 5.8-1) SR HWQ-2: Prior to issuance of the precise grading permit, the property owner/developer shall prepare Water Quality Management Plans (WQMPs) for review and approval by the Public Works, Development Services. The WQMP shall identify permanent site design, source control and treatment control Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. The WQMP shall also describe the long-term operation and maintenance requirements for the treatment control BMPs and the mechanism for funding the BMPs. The WQMP shall be A-73 recorded against the property to ensure long-term compliance. (SEIR No. 340, SR 5.8-2) SR HWQ-4: Chapter 10.09 of the Anaheim Municipal Code is the City’s NPDES Ordinance, which provides regulations to comply with the CWA, the California Porter-Cologne Water Quality Control Act, and the City’s NPDES permit. This ordinance prohibits the discharge of specific pollutants into the storm water; regulates illicit connections to the storm drain system; requires development projects to implement permanent BMPs on individual sites to reduce pollutants in the storm water; and requires local discharge permits for non-storm water discharges into the storm drain system. (SEIR No. 340, SR 5.8-4) SR HWQ-5: Prior to issuance of a grading permit, the property owner/developer of individual developments shall provide written proof to the Public Works Department, Development Services Division of a water quality certification and/or waste discharge requirement (WDR) as well as a plan for compliance with the discharge prohibitions, TMDLs, and various programs of the Santa Ana RWQCB. The Santa Ana RWQCB implements the Water Quality Control Plan for the Santa Ana River Basin through the through issuance of individual WDRs; discharge prohibitions; water quality certifications; programs for salt management, non-point sources, and storm water; and monitoring and regulatory enforcement actions, as necessary. (SEIR No. 340, SR 5.8-5) MM HWQ-1: Ongoing during Project operations, the property owner/developer shall comply with the Master Drainage and Runoff Management Plan (MDRMP) and shall submit updates as required for new grading for review and approval by the City Engineer. (EIR No. 311, MM 3.7-2; SEIR No. 340, MM 5.8-1) MM HWQ-2: Prior to issuance of each building permit, the property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. Additionally: a. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit plans in accordance with Anaheim’s Landscape Water Efficiency Ordinance and Guidelines including: 1. Project Information 2. Maximum Applied Water Use expresses as annual totals. 3. Soil management report or specifications. 4. Landscape design plan. 5. Irrigation design plan. A-74 6. Grading design plan. b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the Estimated Applied Water Use (EAWU) to be less than the Maximum Applied Water Allowance (MAWA) or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. (EIR No. 311, MM 3.7-3; SEIR No. 340, MM 5.15-4) MM HWQ-3: Ongoing during operation of the Disneyland Resort, the property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim including, but not limited to, private streets and parking lots on not less than a monthly basis. Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the property owner/developer’s NPDES permit and allowable based on drought restrictions. Nightly washdown shall be allowed in the theme parks and, where advisable to maintain safe and sanitary working conditions, the back-of-house area, if allowed in the property owner/developer’s and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer’s NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. (EIR No. 311, MM 3.7-4; SEIR No. 340, MM 5.8-3) MM HWQ-4: Prior to each final building and zoning inspection (for non- Setback Realm Areas); prior to acceptance by City Engineer (for Setback Realm Areas), the property owner/developer shall submit a Certificate of Substantial Completion, as described in the Disneyland Resort Specific Plan, which establishes that the landscape irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (EIR No. 311, MM 3.7-5) MM HWQ-5: Ongoing during grading operations, the property owner/developer shall implement standard practices from all applicable codes and ordinances to prevent erosion. (EIR No. 311, MM 3.8-2) MM HWQ-6: Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of A-75 attainment shall be submitted to the Planning and Building Department, Building Services Division. (EIR No. 311, MM 3.8-3; SEIR No. 340, MM 5.8-2) MM HWQ-8: Prior to each final building and zoning inspection, the property owner/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (SEIR No. 340, MM 5.8-4) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort Project would increase contaminants leaving the site; however, implementation of regulatory requirements would reduce impacts to less than significant levels. SEIR No. 340 concluded that implementation of the project would result in short-term construction- related and long-term operational water quality impacts. These impacts would be mitigated to a level considered less than significant with implementation of proposed mitigation and compliance with standard requirements. Project Specific Conclusion Short-Term Construction-Related Water Quality Impacts – Continued development of the Project would include a variety of commercial, entertainment, and visitor-serving uses, such as theme park uses, hotels, restaurants, retail uses, parking facilities, and other uses allowed under the DRSP and ARSP. Storm water runoff from individual construction sites could contain pollutants such as soils and sediments that are released during grading and excavation activities and petroleum-related pollutants due to spills or leaks from heavy equipment and machinery. The storm water runoff would flow into the storm drain inlets in the DRSP and ARSP areas and would eventually be discharged into the Pacific Ocean at Anaheim Bay, Sunset Bay/Huntington Harbor, and/or Bolsa Bay. Projects with construction activities that disturb one acre or more of land are required to obtain an NPDES permit from the SWRCB, Division of Water Quality, and requires a SWPPP, which must include BMPs to reduce water quality impacts. Compliance with SR HWQ-1, SR HWQ-2, SR HWQ-4 and SR HWQ-5 requiring preparation of a SWPPP and WQMP and compliance with the NPDES would minimize construction impacts from continued development on the Project Site through implementation of BMPs that would reduce construction-related pollutants. Implementation of these requirements would ensure that any impacts to downstream waters resulting from construction activities associated with the Project Site would be less than significant. In addition to the requirements of the NPDES General Construction Permit, the California Building Code and grading permit requirements include elements that also require reduction of erosion and sedimentation impacts during construction. Full compliance with applicable local, State, and federal regulations and implementation of MM HWQ-6 would reduce water quality impacts associated with construction of the Project to less than significant with mitigation. For the reasons stated above and as A-76 discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Long-Term Operational Water Quality – According to the Master WQMP prepared for The Disneyland Resort, which covers all Disney Properties, potential pollutants that could be generated by maximum buildout of the Project Site could include, but are not limited to, bacteria/viruses, metals, nutrients, pesticides, toxic organic compounds, suspended solids/sediments, trash and debris, and oil and grease. The following structural source control BMPs would achieve long-term water quality enhancement through proposed drainage and treatment systems: providing storm drain stenciling and signage; design of outdoor hazardous material storage areas; trash enclosures; efficient irrigation systems and landscape design, water conservation, smart controllers, and source control; and incorporating requirements applicable to individual priority project categories (from NPDES Permit required by SR HWQ-2). Non-structural BMPs (also identified in the Master WQMP), including education for property owners, tenants, and occupants; activity restrictions; and BMP maintenance would reduce pollutant loading into storm water runoff. According to the Master WQMP, all future development and redevelopment projects are required to be evaluated on a project-specific level and through final design project WWMPs to be based on the Preliminary Project WQMP. Therefore, with compliance with the recommendations set forth in the Disneyland Resort Master WQMP, potential impacts related to storm water would be less than significant. Future development associated with the Project would also need to comply with the City’s NPDES Ordinance, required by SR HWQ-4, which prohibits the discharges of certain pollutants into the storm water, regulates illicit connections to the storm drain system; requires implementation of permanent BMPs; and requires local discharge permits for non-storm water discharges into the storm drain system. The Santa Ana RWQCB requires industrial projects and land uses that generate storm water or discharges that can directly affect water courses/water bodies to obtain individual WDRs and/or water quality certifications, as provided in the standard requirements. Compliance with WDR conditions of approval and a water quality certification, required by SR HWQ-5, would prevent the violation of water quality standards. Compliance with the standard requirements and implementation of mitigation measures MM HWQ-1 through MM HWQ-5 and MM HWQ-8, including preparation of WQMPs for future development associated with the Project, and involving issuance of grading permits, implementation of water quality BMPs identified in those WQMPs, and compliance with erosion control measures associated with irrigation plans would ensure that future Project development would result in less than significant construction and operational water quality impacts with implementation of mitigation. As a future option, the City of Anaheim has developed a voluntary Stormwater Credit Program intended to provide public and private projects the opportunity to purchase stormwater to allow for offsite treatment rather than treating stormwater on-site. If Disney chooses credits to participate in this future program, such off-site treatment also would reduce water quality impacts to less than significant levels with mitigation. For A-77 the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Groundwater Supplies and Recharge (Threshold 5.9b) This threshold analyzes whether the Project would substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. (a) Findings The Project would include preparation of WQMPs and implementation of BMPs to ensure groundwater is recharged, in addition to installation of reclaimed water lines onsite so that reclaimed water may be used for landscape irrigation and other purposes to reduce impacts related to the increase in groundwater pumping and to ensure less than significant groundwater impacts. The following mitigation measures imposed upon the Project would mitigate potential impacts to the groundwater supplies and recharge to a less than significant level: SR HWQ-2 (see above) MM HWQ-7: Prior to issuance of each building permit, to reduce the project's demand on potable water, the property owner/developer shall install water lines onsite so that reclaimed water may be used for landscape irrigation and other purposes, if and when it becomes available. (EIR No. 311, PDF 3.7-1; SEIR No. 340, MM 5.8-5) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found that The Disneyland Resort Project would require extraction of supply from the groundwater basin, however, implementation of conservation measures including PDF 3.7-1 regarding use of reclaimed water, would ensure a significant impact would not occur. SEIR No. 340 concluded that excavation and grading activities for future development according to the ARSP would not result in direct impacts to the underlying groundwater resources. However, buildout within the C-R and PR Districts would result in an increase in long-term demand for domestic water, landscape irrigation, and maintenance activities that would be less than significant with mitigation. A-78 Project Specific Conclusion Excavation and grading activities for future development are not expected to be deep enough to affect the underlying groundwater resources. Thus, no direct impacts to the underlying groundwater resources would occur during Project construction. The Project has the potential to result in increased impervious surfaces within the Project Site, which has the potential to decrease groundwater recharge. However, future development projects within the Project Site would be required to prepare WQMPs and to implement BMPs specified therein, as required by SR HWQ-2, which would ensure that groundwater is recharged even with these developments. Therefore, the increase in impervious surface coverage would not impede sustainable management of the groundwater basin. The City of Anaheim provides water services to the City, including the Project Site, using water sources from the local aquifer, and imported water from the Metropolitan Water District (MWD) of Southern California. Project implementation would result in an increase in long-term demand for potable and reclaimed water to be used for domestic purposes, landscape irrigation, and maintenance activities. This increased water demand may lead to an increase in groundwater pumping. Implementation of MM HWQ-7 would help to reduce this impact through installation of reclaimed water lines onsite so that reclaimed water may be used for landscape irrigation and other purposes, if and when it becomes available. A replenishment assessment fee is levied on cities in accordance with the Orange County Water District Act for the amount of groundwater extracted, and this fee is used by OCWD for various groundwater replenishment programs to ensure that no overdraft of local groundwater resources occurs. In accordance with the Orange County Water District Act, the City pays the OCWD a replenishment assessment for the amount of groundwater extracted. This assessment is used by the OCWD for various groundwater replenishment programs to ensure that no overdraft of local groundwater resources occurs. Thus, with implementation of mitigation measures, water demand from Project implementation would not deplete local groundwater resources and would result in a less than significant impact with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 3. Erosion or Siltation On- or Off-Site (Threshold 5.9c(i)) This threshold analyzes whether the Project would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a A-79 stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site. (a) Findings The Project would include appropriate drainage and storm water improvements to reduce potential for erosion and siltation during operations and implement irrigation planning and control measures to ensure less than significant erosion impacts. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding erosion or siltation on- or off-site to a less than significant level: SR HWQ-1 and SR HWQ-2, MM HWQ-2, MM HWQ-4, MM HWQ-5 (see above) MM HWQ-8: Prior to each final building and zoning inspection, the property owner/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (SEIR No. 340, MM 5.8-4) MM GEO-6: Ongoing during grading activities, the property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. (SEIR No. 340, MM 5.5-5) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found that grading activities associated with The Disneyland Resort would have the potential to result in erosion and runoff from the site; however, due to the topography of the site and with implementation of mitigation measures, this impact was found to be less than significant. SEIR No. 340 concluded that implementation of the project would result in site specific changes to drainage patterns on development sites but would not adversely impact regional hydrology or drainage flows in the surrounding area. Potential increases in impervious surfaces could increase runoff rates and volumes, while reducing potential for soil erosion. These impacts would be less than significant with mitigation. Project Specific Conclusion The Project has the potential to result in erosion and siltation during construction. Development and implementation of a SWPPP, as required by SR HWQ-1, for development that occurs pursuant to the Project would ensure potential effects related to erosion and siltation during construction are reduced to less than significant levels. Also, appropriate drainage and storm water improvements, as required by SR HWQ-2, would be incorporated into future development of the Project, which would reduce the potential for erosion and siltation during Project operations. Implementation of A-80 mitigation measures MM HWQ-2, MM HWQ-4, MM HWQ-5, and MM HWQ-8 related to irrigation planning and controls and MM GEO-6 related to erosion control plans would reduce this impact to less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 4. Surface Runoff and Stormwater Capacity Exceedance (Thresholds 5.9c(ii) and 5.9c(iii)) These thresholds analyze whether the Project would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; or create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. (a) Findings The Project would require engineering plans as well as drainage studies and PWQMPs to ensure that storm water runoff from the Project Site would not increase the risk of flooding or exceed the capacity of downstream drainage systems, payment of all fees associated with storm drain funding and implementation of site-specific storm drain improvements to prevent localized flooding. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding surface runoff and stormwater capacity to a less than significant level: SR HWQ-1, SR MWQ-2, SR MWQ-4, and MM HWQ-1 (see above) SR HWQ-3: Prior to issuance of the first building permit for Disney ARSP Properties, the property owner/developer shall pay the Storm Drain Impact Fees which would go toward future storm drain improvements within The Anaheim Resort area and South Central City area. (SEIR No. 340, SR 5.8-3) MM HWQ-9: Prior to issuance of building permits, the property owner/developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. (SEIR No. 340, MM 5.8-6) A-81 (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that despite stormwater runoff increases related to the development of The Disneyland Resort Project, compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements and implementation of best management practices (BMPs) would reduce any impacts to groundwater and surface hydrology to less than significant levels with mitigation. SEIR No. 340 concluded that implementation of the ARSP Project may increase runoff volumes and rates to exacerbate existing deficiencies, potentially leading to localized street flooding. Implementation of proposed mitigation and compliance with standard requirements would reduce impacts to a less than significant level. Project Specific Conclusion Future development of the Project has the potential to increase impervious surfaces within the Project Site, which could increase runoff volumes and rates, resulting in a potentially significant impact related to on- or off-site flooding and storm drain capacity. However, the City requires that individual developments provide engineering plans as well as drainage studies and PWQMPs, as required by SR HWQ-1, SR HWQ- 2 and SR HWQ-4, specifying methods to convey, retain, and treat storm water, which would ensure that storm water runoff from the Project Site would not increase the risk of flooding or exceed the capacity of downstream drainage systems. As required by SR HWQ-3, Disney is responsible for payment of all required fees associated with funding of storm drain improvements, including construction of necessary improvements to the off-site storm drain system, when it develops the Disney ARSP Properties. Therefore, with implementation of site-specific storm drain improvements for the Project and MMs HWQ-1 and MM HWQ-9, impacts related to deficiencies in the off-site storm drainage system serving the Project Site and preventing localized flooding would be less than significant with mitigation. In addition, any storm drain, sewer, and street improvement plans would be designed and constructed to the satisfaction of the City Engineer. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. A-82 5. Conflict with Water Quality Control or Groundwater Management Plan (Threshold 5.9e) This threshold analyzes whether the Project would conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (a) Findings The Project would comply with the Construction General Permit, including the preparation and implementation of a SWPPP to avoid pollutant discharge during construction and require structural and non-structural BMPs during operations to treat identified pollutants of concern. Additionally, as the Project is constructed, the pollutants generated during Project operations would be treated using the BMPs identified in the WQMPs to treat identified pollutants of concern, therefore, the Project would not be a source of significant pollutants for downstream water bodies and ensure the Project would not conflict with the Santa Ana River Basin Plan. The following mitigation measures and standard requirements imposed upon the Project would mitigate potential impacts regarding potential conflicts with water quality control or a groundwater management plan to a less than significant level: SR HWQ-1 and MM HWQ-3 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort Project would increase contaminants leaving the site; however, implementation of regulatory requirements would reduce impacts to less than significant levels. Similarly, SEIR No. 340 concluded that buildout of the ARSP Project would be subject to mitigation to reduce potential impacts related to water quality and groundwater quality, and impacts were found to be less than significant. Project Specific Conclusion The Santa Ana RWQCB prepares and maintains the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan). The Basin Plan sets water quality standards in the Santa Ana River Basin by establishing beneficial uses for specific water bodies and designating numerical and narrative water quality objectives. Pollutant discharge during construction would be avoided through compliance with the Construction General Permit, including the preparation and implementation of a SWPPP, as required by SR HWQ-1 and through implementation of SR HWQ-1. The Project would not conflict with the water quality standards outlined in the Basin Plan with implementation of MM HWQ-3 requiring structural and non-structural BMPs, including those that are already in use throughout the Project Site such as retention ponds, control devices, secondary containment structures, and treatment. As the Project is constructed, the Project, pollutants generated during Project operations would be treated using the BMPs identified in the WQMPs to treat identified pollutants of concern, therefore, the A-83 Project would not be a source of significant pollutants for downstream water bodies and the Project would thereby not conflict with the Basin Plan. OCWD has adopted a Groundwater Management Plan for the sustainable management of the Orange County Groundwater Basin. The Master WQMP includes general storm water BMPs intended to minimize pollutant exposure to rain water and storm water, including specific recommendations for treatment technologies that allow for water capture and groundwater recharge via infiltration units. Further, the Project would continue treatment BMPs involving use of pervious pavement, infiltration basins, detention basins, vegetated swales, and landscaped areas. With continued implementation of the BMPs identified in the Master WQMP, the Project would not interfere with any of the water supply monitoring efforts or infiltration areas outlined in the Groundwater Management Plan, nor would the Project impact any of the recharge facilities, groundwater replenishment processes, or seawater intrusion and barrier management activities that are listed in the plan. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 6. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to hydrology and water quality. (a) Findings Similar to the Project, future development would be subject to the NPDES General Construction Permit requirements for implementation of individual SWPPPs (if larger than one acre), which outline erosion control, sediment control, wind erosion control, tracking control, non-storm water management and waste management, and materials pollution control BMPs; require payment of applicable fees to protect local groundwater resources and prevent groundwater overdraft; and continued compliance with the Santa Ana RWQCB’s requirements for the water quality certifications and/or WDRs and discharge prohibitions, which would also prevent long-term storm water quality impacts. The following mitigation measures and standard requirements imposed upon the Project mitigate cumulative impacts related to Hydrology and Water Quality to a less than significant level: SR HWQ-1 through SR HWQ-4, MM HWQ-1 through MM HWQ-9, MM GEO-6 (see above). (b) Findings of Fact A-84 Conclusions in Prior EIRs EIR No. 311 determined that new development associated with The Disneyland Resort and cumulative projects would increase the potential of stormwater runoff transporting surface water quality contaminants into the storm drain system; however, compliance with mitigation measures, including compliance with NPDES requirements, would reduce impacts to less than significant levels. According to SEIR No. 340, with implementation of standard requirements and the proposed mitigation measures, buildout of the ARSP would not contribute to a significant cumulative impact. Project Specific Conclusion The cumulative study area with regard to hydrology and water quality includes the entire Orange County Groundwater Basin and its tributary waterways. Future development of the Project, in conjunction with the existing development and planned development in the City of Anaheim, may result in a cumulatively considerable impact to surface water runoff due to construction activities in the area and post-development runoff. All construction projects larger than one acre would be subject to the NPDES General Construction Permit requirements for implementation of individual SWPPPs, which outline erosion control, sediment control, wind erosion control, tracking control, non-storm water management and waste management, and materials pollution control BMPs. Additionally, new development and significant redevelopment projects are required to prepare and implement WQMPs for long-term implementation and maintenance of source-control, site design, and treatment-control BMPs to ensure compliance with water quality goals and compliance with the City’s NPDES Ordinance. Thus, pollutants generated by the Project and cumulative projects in the basin would be reduced through compliance with identified standard requirements (SR HWQ-1 through SR HWQ-4) during construction activities and in the long-term. Compliance with the Santa Ana RWQCB’s requirements for the water quality certifications and/or WDRs and discharge prohibitions would also prevent long-term storm water quality impacts. Payment of the replenishment assessment to the OCWD by the City and all other agencies that extract groundwater in the Coastal Plain would allow the OCWD to continue its programs to protect groundwater resources and to recharge the local aquifers in order to prevent overdraft. With regard to the existing storm drain system, and as previously discussed, Disney is responsible for payment of all required fees associated with funding of storm drain improvements, including construction of necessary improvements to the off-site storm drain system, when it develops the Disney ARSP Properties pursuant to SR HWQ-3. Therefore, Disney’s continued compliance with these requirements would ensure adequate storm drainage infrastructure is constructed or provided to serve existing and future developments and significant cumulative impacts would not occur. With implementation of MM HWQ-1 through MM HWQ-9, the Project would result in a less than significant cumulative impact related to hydrology and water quality. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-85 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. J. LAND USE AND PLANNING (Threshold 5.10) 1. Conflict with Land Use Plan, Policy or Regulation (Threshold 5.10b) This threshold analyzes whether the Project would cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. (a) Findings The Project would ensure consistency with the DRSP and ARSP plans and would not change the underlying tourist-character of these specific plan areas to prevent conflict with existing land use plan, policy or regulation. The Project would be consistent with all building setbacks, height standards, landscaping requirements, and design guidelines, as outlined by the Disneyland Resort Specific Plan, the Anaheim Resort Specific Plan, and the City of Anaheim General Plan. The following mitigation measures and project design features imposed upon the Project would mitigate potential impacts regarding potential conflicts with a land use plan, policy or regulation to a less than significant level: MM LU-1: Prior to issuance of each building permit, building plans shall be submitted by the property owner/developer and will be reviewed for consistency with The Disneyland Resort Specific Plan and The Anaheim Resort Specific Plan. (EIR No 311, MM 3.1-2) MM LU-2: Prior to issuance of each building permit, the proposed project shall be implemented based on the guidelines and standards in The Disneyland Resort Specific Plan, which includes zoning and development standards, design guidelines, and a Public Facilities Plan. All development proposals within The Disneyland Resort must be consistent with The Disneyland Resort Specific Plan, the Anaheim Resort Specific Plan, and the City of Anaheim General Plan. (EIR No 311, PDF 3.1-1) MM LU-3: Prior to issuance of each building permit for parking facilities, the property owner/developer shall submit plans detailing the setbacks for the parking structures and landscaping plans which minimize compatibility impacts of the parking facilities on surrounding areas, consistent with The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan. (EIR No 311, MM 3.2-2) PDF LU-1: Prior to approval of issuance of each building permit, property owner/developer shall submit documentation that project design features are in compliance with all building setbacks, height standards, landscaping requirements, and design guidelines as specified in The Disneyland Resort A-86 Specific Plan and the Anaheim Resort Specific Plan. (EIR No 311, PDF 3.2-1) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would be consistent with all land use plans and policies as modified by The Disneyland Resort Project. EIR No. 311 also concluded that a significant and unavoidable impact related to land use incompatibilities between residential areas on the west side of Walnut Street and the proposed public parking and hotel parking facilities on the east side of Walnut Street would occur. Additionally, it concluded that development of the Future Expansion District would result in a significant and unavoidable impact due to the adjacency of residential uses and development of uses other than parking facilities. In SEIR No. 340, the City concluded the ARSP Project would be consistent with the respective goals and policies of local and regional regulatory and planning documents, and no significant impacts would occur. Project Specific Conclusion Implementation of the Project would allow for continued development of the currently entitled uses and would allow the ability to transfer previously approved uses to other Disney Properties within the Project Site. A detailed analysis of the consistency of these land use-related actions with existing regional and local plans (including applicable goals and policies) is provided in Section 5.10 of the Draft Subsequent EIR, and includes applicability with plans such as Connect SoCal, Master Plan of Arterial Highways, Orange County Congestion Management Plan, the City of Anaheim General Plan, The Disneyland Resort Specific Plan and Anaheim Resort Specific Plan, and the Bicycle Master Plan. Given that the Project involves the ability to transfer previously approved uses to Disney Properties in the Project Site, the Project would not change the underlying tourist-oriented character of these specific plan areas. Implementation of MM LU-1 through MM LU-3 would reduce the impact related to consistency to less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would be new when compared with the impact analysis in SEIR No. 340, which did not require mitigation. A-87 2. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to land use and planning. (a) Findings Similar to the Project, future development within the City is required to comply with the adopted land use standards, policies, and ordinances set forth in both the General Plan and the Municipal Code. The Project would be consistent with the City’s General Plan goals and policies, the City’s Zoning Ordinance, and regional planning programs, and would implement development standards and design guidelines as set forth in the DRSP and ARSP to minimize impacts between residential and non-residential uses and ensure the Project would not create significant cumulative land use impacts. The following mitigation measures and project design feature imposed upon the Project would mitigate cumulative impacts regarding potential conflicts with a land use plan, policy or regulation to a less than significant level: MM LU-1 through MM LU-3 and PDF LU-1 (see above). (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort was found to contribute to a significant and unavoidable cumulative impact related to land use compatibility due to the proximity of Commercial Recreation uses, as proposed in EIR No. 311, and residential development. According to SEIR No. 340, continued development of the ARSP would not cause any significant adverse cumulative growth impacts related to land use. Project Specific Conclusion Within the City of Anaheim, recent development actions have continued the ongoing trend of redevelopment of underdeveloped areas. However, previously approved and future development within the City is required to comply with the adopted land use standards, policies, and ordinances set forth in both the General Plan and the Municipal Code. The Project would be consistent with the City’s General Plan goals and policies, the City’s Zoning Ordinance, and regional planning programs, as modified by the Project. Furthermore, the Project would implement development standards and design guidelines as set forth in the DRSP and ARSP to minimize impacts between residential and non-residential uses, in compliance with MM LU-1 through MM LU-3. Similar design guidelines would be required for cumulative projects to minimize potential land use incompatibilities for future; therefore, the Project would not contribute to a significant cumulative impact. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-88 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would be reduced when compared with the impact analysis in to EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. K. NOISE (Threshold 5.11) 1. Operational Noise (Threshold 5.11a) This threshold analyzes whether the Project would result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies during operations. (a) Findings The Project would include noise barrier measures to create acoustical separation, noise monitoring to provide protection to nearby sensitive receptors, setbacks, noise muffling, firework regulations, pyrotechnical permits, and additional noise reduction measures to ensure the Project would not result in significant noise impacts during operations. The following mitigation measures imposed upon the Project would mitigate operational noise to a less than significant level: MM NOI-1: Ongoing during project operation, the property owner/developer shall obtain pyrotechnic permits on an annual basis. Material additions or modifications to firework shoots shall require a separate permit. (EIR No. 311, MM 3.5-2) MM NOI-2: Ongoing during project operations, lower noise-producing fireworks displays will be used at Disney California Adventure to minimize noise from 11:00 p.m. fireworks shows to meet the noise levels in the City of Anaheim Sound Pressure Level Ordinance. (EIR No. 311, PDF 3.5-1) MM NOI-3: No aerial fireworks show shall be allowed west of Disneyland Drive in the expanded Theme Park District, the Southeast District or the ARSP) Theme Park Overlays. Prior to the commencement of any show in these areas that includes fireworks that are non-explosive (i.e., stage pyrotechnics) or explosive fireworks with an explosion point at an elevation less 50 feet (e.g., Fantasmic!), the property owner/developer shall present a noise study to the Planning and Building Department to demonstrate that noise levels from the fireworks would meet the City’s 60 dBA Sound Pressure Levels standard at the property line, and would not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. MM NOI-6: Ongoing during construction and project operations, engine noise from sweeping equipment used in the parking facilities and any hotel parking facilities adjacent to residential areas shall be muffled. Sweeping operations in the parking facilities and private on-site roadways shall be A-89 performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. (EIR No. 311, MM 3.5-7; SEIR No. 340, MM 5.10-7) MM NOI-7: Prior to issuance of each building permit, to be implemented prior to final building and zoning inspections, for structures that are adjacent to residential areas or other sensitive uses, the property owner/developer shall present plans and calculations to the Planning and Building Department to demonstrate that noise levels from mechanical ventilation units, loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s 60 DBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 3 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. (EIR No. 311, MM 3.5-8; SEIR No. 340, MM 5.10-3 and MM 5.10-10) MM NOI-15: Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections, the property owner/developer shall present area development plans if part of a new theme park land or building plans if part of one theme park attraction to the Planning and Building Department to demonstrate any development of theme park uses in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays includes 30-foot-tall buildings or structures between the property line near residential or other noise sensitive land uses and the proposed theme park land or theme park attraction. If a noise barrier is provided, such as a ride façade, the material used shall have a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. MM NOI-16: Ongoing during project operations, the property owner/developer shall pay all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical consultant or engineer under the direction of the Planning Department to ensure that The Disneyland Resort ongoing operations do not exceed 60 dBA at any point on the property line between the hours of 7:00 p.m. and 7:00 a.m. of the following day. If the monitoring finds that the 60 dBA threshold is being exceeded, modifications to the ongoing operations, such as adjustments to volume at the source or orientation of speakers, shall be commenced immediately to bring the sound level below the 60 dBA requirement with additional follow-up monitoring conducted to confirm compliance. Monitoring shall be conducted as follows: a. Ongoing: Semi-annually on a random basis for a three (3) day period. b. During the first five (5) years of operation of theme park uses in the expanded Theme Park District west of Disneyland Drive, the Southeast District, and/or the ARSP Theme Park Overlays: Four (4) times a year on a random basis for a three (3) day period. A-90 c. In response to a noise complaint, at the City’s discretion: For a three (3) day period at the location of the noise exceedance. MM NOI-20: Prior to issuance of a building permit for a parking structure, the property owner/developer will submit plans to the Planning and Building Department indicating noise from the parking structure will be reduced by the provision of convenient access to the parking structure, sound attenuation devices (louvers and walls), and the use of textured deck surfaces to reduce tire squealing. MM NOI-21: Prior to issuance of each building permit, the property owner/developer shall present plans to the Planning and Building Department to demonstrate development of theme park uses in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays shall include installation and maintenance of at least 12-foot-tall noise barriers along the property line to reduce back-of-house noise, such as vehicle pass-bys and truck deliveries with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. MM NOI-22: Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections, the property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Thrill (Indoor) and Family (Indoor) attractions shall be located no less than 200 feet from the center of the ride or attraction to noise-sensitive receptors and shall include a 30-foot- high building or a 30-foot high noise barrier between the attraction and the property line near noise-sensitive receptors, provided a 30-foot-high building or 30-foot-high noise barrier shall not be required if the proposed ride or attraction is located within an enclosed building or structure. The planning of each attraction shall take into account any openings or outdoor areas of the attractions and directionally orient the openings away from noise-sensitive receptors and towards the center of the new theme park development. MM NOI-23: Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections, the property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Thrill (Outdoor), rides taller than 50 feet, Parades and Large Shows shall be located: 1. For 1st to 3rd Offsite Floor Receptors: No less than 550 feet from the center of the ride to any noise-sensitive receptor and shall include a 30- A-91 foot-high building or a 30-foot-high noise barrier between the attraction and the property line near noise-sensitive receptors. 2. For 4th Floor Offsite Receptors and above (i.e., no shielding from 30- foot buildings/barriers): No less than 1100 feet between the center of the ride and any noise-sensitive receptor. If the distance of 1100 feet cannot be met, an indoor rollercoaster shall be considered. If a distance less than 1100 feet is considered with exposure to 4th Floor receptors, the distance to noise-sensitive receptors and layout shall be reviewed by a certified acoustical consultant or engineer prior to finalizing the site plan. In general, the entire full height of the ride shall include a solid barrier shielding it from any noise-sensitive receptors. The material used for the barrier shall have a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. MM NOI-24: Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections, the property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Family (Outdoor), Round and Small Show attractions shall be located at least 400 feet from sensitive receptors and include a 30-foot-high building or a 30-foot-high noise barrier between the attraction and the property line near noise-sensitive receptors. (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that implementation of mitigation would reduce any potential noise impacts from parking facilities, fireworks and the proposed amphitheater in the second theme park to a level considered less than significant. Traffic-related noise impacts were within the limits of the Noise Ordinance and therefore would be considered less than significant. SEIR No. 340 concluded that impacts regarding operational noise would be reduced to less than significant with implementation of mitigation measures. Project Specific Conclusion Future Operational Noise Levels – Without implementation of mitigation, operation of theme park uses adjacent to property lines would exceed noise levels permitted under the City’s Noise Ordinance and would create a significant impact. However, the potential impact is heavily dependent on the orientation and design elements of the theme park uses, including but not limited to the layout of “Lands” or areas, buildings, barriers, facades, and all respective heights associated with them. The 3-D acoustical model and subsequent noise contours allowed the development of mitigation measures to reduce noise to less than significant. A-92 Existing source levels were categorically modeled using Predictor software to predict future noise levels from multiple scenarios and combinations of theme park operations within the expanded Theme Park District and the Southeast District/Theme Park East Overlay. Noise-sensitive receptors have been identified consistent with EIR No. 311 and SEIR No. 340, which include residences, motels, hotels, public meeting rooms, auditoriums, schools, churches, libraries, hospitals, amphitheaters, and parks. Attractions, lands, events, or parking operations from each category were modeled at different locations within the expanded Theme Park District and the Southeast District/Theme Park East Overlay, and the Parking Overlay at the northeast corner of Ball Road and Harbor Boulevard closest to off-site residential areas and hotels, and the results of various modeling scenarios were assessed at multiple property line locations in the direction of the noise-sensitive receivers. Noise-sensitive receptors (R1, R2, R3, R4, R5 and R6) are identified in the Draft Subsequent EIR on page 5.11-20 and Exhibits 5.11-5 through 5.11-7 for each location, which have been selected since they are in the closest proximity to the Project Site and contain sensitive uses (i.e., residential, hotels). Based on observations and review of existing “Lands” within Disneyland and Disney California Adventure theme parks, without the implementation of mitigation measures, operation of the Project would create potentially significant noise impacts on the noise- sensitive receivers if theme park attractions with elevated noise levels were operated near the property line. Accordingly, the model assumed that either solid buildings for interior portions of rides or solid barriers (i.e., ride/“Land” facades or similar) would surround each “Land” and would act as an acoustical barrier between the center of the “Land” where guests congregate and the property line. This would be consistent with MM NOI-22 through MM NOI-24, and MM NOI-15 wherein ride buildings or facades can be strategically utilized as noise barriers. Back-of-house areas also typically would border the property line, which would be consistent with Disney’s existing lands throughout the Disneyland Resort. To create an acoustical separation between the back-of-house areas and the property line, a minimum 12-foot-tall barrier (greater height where already existing) was assumed around the resort boundary to minimize noise impacts at the property line. Specific details regarding the construction of the barrier are found in MM NOI-21. As an assessment of potential worst-case scenarios of noise levels at property line locations, operations from typical park events that include a mixture of elements were assumed in the noise model to occur simultaneously and were assessed at the closest possible distance to a given property line. Where the Noise Study identified modeled noise levels exceeding 60 dBA, the future ambient noise without the Project was compared to the noise level with implementation of the Project to determine whether the impact was less than 3 dB with the Project’s operational noise, which is more stringent than the City’s Noise Ordinance. For additional protection to nearby sensitive receptors, MM NOI-16 specifies requirements for noise monitoring consistent with a new theme park development. These sound monitoring requirements have been incorporated as a mitigation measure consistent with the previously adopted language. As shown in additional detail in Table 5.11-5 of the Draft Subsequent EIR, the noise contours at sensitive receptors did not noticeably change when applying iterations of potential future development of the proposed land use with the Project and were consistent with the previous noise contours. A-93 For example, the noise contours at sensitive receptors for the Expanded Theme Park/Theme Park West Overlay model along Walnut Avenue with current operational sources without a representative development of the Project resulted in levels from 60 to 67 dBA, unrelated to theme park activities and primarily the result of traffic noise. The contours at sensitive receptors did not noticeably change when applying iterations of potential future development of the proposed land use with the and were consistent with the previous noise contours. The lack of change or movement of the noise contours indicates that the noise levels are staying generally consistent with the ambient noise levels without the Project, which are primarily controlled by traffic noise in the area and are changing less than the significance threshold of 3 dBA. This demonstrates implementation of the Project would not significantly raise the overall noise levels. Similar results are seen for the Southeast District/Theme Park East Overlay and Parking Overlay Northeast Corner of Ball Road and Harbor Boulevard. Specific to the Parking Overlay, the model of the parking structure utilizes design elements consistent with the existing Mickey & Friends and Pixar Pals parking structures and MM NOI-20, with sound louvers, barriers at each level, and tiering of each level of the parking structure. A setback from the property lines has also been included. Further, compliance with MM NOI-6 will require engine noise from sweeping equipment to be muffled. Finally, compliance with MM NOI-7 will require plans for structures adjacent to residential areas or other sensitive uses to demonstrate noise levels from loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s noise ordinance level of 60 dBA at the property line. Although the acoustical model demonstrates the impact of future operational noise of the Project to be less than significant with implementation of the mitigation measures proposed, noise monitoring by a certified acoustical consultant or engineer is included as part of MM NOI-16. If the monitoring finds that the operations exceed the City’s Noise Ordinance, then modifications to the ongoing operations, such as lowering the volume of amplified audio, would be commenced immediately to bring the sound level into compliance. Additionally, in compliance with MM NOI-3, aerial fireworks shows would not occur west of Disneyland Drive in the expanded Theme Park District, the Southeast District or the ARSP Theme Park Overlays. Additionally, any fireworks that are non-explosive (i.e., stage pyrotechnics) or explosive fireworks with an explosion point at an elevation less 50 feet (e.g., Fantasmic!), would be required to meet the City’s 60 dBA Sound Pressure Levels standard at the property line. Further, in compliance with MM NOI-1 and MM NOI-2, Disney would continue to obtain pyrotechnic permits on an annual basis and use lower noise-producing fireworks displays at Disney California Adventure to minimize noise from 11 p.m. fireworks shows. Future operational noise would be reduced to less than significant levels with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Future Traffic Noise Levels – Traffic from I-5 and the main arterials within The Anaheim Resort is the primary source of ambient noise in the general area of the Project Site. As part of the Project’s Noise Study, measurements were collected on select A-94 roadways surrounding the Project Site, and future noise levels related to traffic were calculated based on data in the Traffic Impact Analysis. The existing and future noise levels (predicted to the year 2045) and the change in levels related to traffic have been calculated based on the full buildout of the DRSP and ARSP. Results are shown in further detail in Table 5.11-6 of the Draft Subsequent EIR, which shows that all changes in levels result in a less than significant impact relative to the 1.5 dBA CNEL or 3 dBA CNEL thresholds. Regardless of the threshold used, calculations for all roadways resulted in less than a 1.5 dBA CNEL increase. Therefore, the overall noise level increase of future traffic with implementation of the Project would be less than both 1.5 dBA CNEL for roads with higher traffic volumes or 3 dBA CNEL for roads with lesser traffic volumes, and would not be significant based on the future noise levels reported to 2045. A less than significant impact regarding traffic noise would occur. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact regarding operational noise with implementation of mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Groundbourne Vibration (Threshold 5.11b) This threshold analyzes whether the Project would result in generation of excessive groundborne vibration or groundborne noise levels. (a) Findings The Project would prohibit the operation of specific construction equipment within 25 feet of any residential structure, require preparation of a vibration and noise technical study if pile driving and/or blasting are anticipated during construction and prevent any impact driven piles in conjunction with construction of parking structures to ensure the Project would not create excessive groundbourne vibration. The following mitigation measures imposed upon the Project would mitigate groundbourne vibration to a less than significant level: MM NOI-13, MM NOI-14, and MM NOI-19 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not address groundborne vibration or groundborne noise impacts. SEIR No. 340 concluded that construction activities related to future development projects within the ARSP area have the potential to generate vibration and groundbourne vibration impacts. Implementation of proposed mitigation would reduce these potential impacts to less than significant levels. Project construction would generate vibration and groundborne vibration impacts. The impacts potentially affect the same surrounding sensitive uses discussed above regarding noise. A-95 Project Specific Conclusion As defined by Caltrans, the threshold for structural vibration damage to non-engineered timber and masonry buildings is 0.2 in/sec PPV for continuous vibration sources, which include machines and traffic. Below this level, there is virtually no risk of building damage. Caltrans also defines the threshold for distinct perceptibility of vibration in humans as caused by transient events, which is 0.24 in/sec PPV. Construction vibration levels from equipment operating more than 25 feet from a residential structure would be at or below the 0.2 in/sec PPV threshold. The operation of equipment such as vibratory rollers and clam shovel drops at a distance of 25 feet would be just barely above the 0.2 in/sec PPV threshold, requiring a distance of 26 feet to be below the threshold. Therefore, since the implementation of the proposed mitigation measure (MM NOI-13) would prohibit the operation of such equipment within 25 feet of any existing residential structure, the mitigation would reduce potential impacts to less than significant levels. Vibration data and vibration propagation calculations indicate that construction equipment vibration levels would be below the 0.24 in/sec PPV level of distinct perceptibility when heavy construction equipment is operating at distances greater than 25 feet from the nearest residential structure. Given that vibration levels dissipate rapidly with distance and that nearly all sensitive receptors adjacent to the Project are located more than 25 feet away from the Project property lines, residential land uses are not expected to be subject to distinctly perceptible vibration levels over extended periods of time. The only exception would be the single-story residential structures at the northeast corner located in R3 near calculation point 8 and the two-story motel to the north located in R4 of the Southeast District/Theme Park Overlay. Vibration- inducing within 25 feet or less to the property line would be prohibited for these locations. Therefore, construction in the Project area would have the potential to cause vibration levels that would be noticeable at residential receivers for short periods, but would not be considered to be a significant impact. Pile driving and rock blasting would have the potential to generate higher vibration levels than discussed above, thereby resulting in a potentially significant impact. Implementation of MM NOI-13 would prevent the operation of clam shovel drops or vibratory rollers within 25 feet of any existing home. While not anticipated to occur with the Project, implementation of MM NOI-14 would require preparation of a technical study to assess and mitigate potential noise and vibration impacts if pile driving and/or blasting are anticipated during the construction on Disney ARSP Properties. MM NOI-19 would prohibit the use of impact driven piles in the construction of the DRSP Parking District East Parking Area. This mitigation would reduce potential vibration impacts to nearby structures and persons to a less than significant level. Potential mitigation may include using non-explosive rock removal methods and low-impact pile driving methods. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-96 Project Conclusion Compared to Previous EIR Conclusions The Project would have a less than significant impact with mitigation related to vibration. This impact is new when compared to EIR No. 311, which did not analyze groundborne vibration or groundborne noise levels. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 3. Cumulative Impacts – Operational Noise This discussion analyzes whether the Project would have a significant cumulative impact related to operational noise. (a) Findings Future development would comply with the City’s noise ordinance during operations. The Project would implement a series of noise reduction measures during operations, such as barrier measures to create acoustical separation, noise monitoring to provide protection to nearby sensitive receptors, setbacks, noise muffling, firework regulations, pyrotechnical permits, and additional noise reduction measures to ensure less than significant operational noise impacts. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to operational noise to a less than significant level: MM NOI-1 through MM NOI-3, MM NOI- 6, MM NOI-7, MM NOI- 16, MM NOI-15, MM NOI-20 through MM NOI-24 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded for long-term noise impacts related to traffic, development of The Disneyland Resort would contribute to cumulative noise impacts; however, due to the construction of soundwalls or other mitigation for other projects, particularly the I- 5 corridor construction, cumulative impacts were identified to be less than significant. SEIR No. 340 concluded that impacts related to operational traffic noise would not contribute to a cumulative significant impact. Project Specific Conclusion The Project would result in ongoing operational noise impacts, which would be mitigated to less than significant levels through MMs NOI-1 through MM NOI-7; MM NOI-9; MM NOI-11; and MM NOI-15 through MM NOI-16. Cumulative development projects would be required to evaluate their cumulative contributions to operational noise and to incorporate appropriate mitigation measures, which would help to ensure that cumulative noise impacts of the Project and cumulative projects would be less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-97 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation related to operational noise. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 4. Cumulative Impacts – Groundbourne Vibration This discussion analyzes whether the Project would have a significant cumulative impact related to groundbourne vibration. (a) Findings Cumulative development projects, similar to the Project, would be required to evaluate their cumulative contributions to operational noise and to incorporate appropriate mitigation measures, which would help to ensure that cumulative noise impacts of the Project and cumulative projects would be less than significant. The Project would implement a series of groundbourne vibration reduction measures, such as prohibiting the operation of specific construction equipment within 25 feet of any residential structure, and requiring preparation of a vibration and noise technical study if pile driving and/or blasting are anticipated during construction to ensure less than significant noise impacts. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to groundbourne vibration to a less than significant level: MM NOI-14, MM NOI-13, MM NOI-19 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that residents within 100 feet of construction areas would be exposed to construction noise between 69 and 73 dBA when grading occurs; however, due to the short-term nature of construction noise this would not represent a significant cumulative impact. SEIR No. 340 concluded that buildout of the ARSP would contribute to a significant and unavoidable cumulative construction noise impact. Project Specific Conclusion The Project would reduce vibratory impacts to less than significant levels through implementation of MM NOI-13 and MM NOI-14. As these mitigation measures are required by SEIR No. 340 for any projects in the ARSP, other nearby cumulative projects would be required to conduct their own noise and vibration analyses and prepare appropriate vibratory mitigation measures for any cumulative projects that require the use of pile driving, blasting, and/or other construction methods that would produce high levels of vibration. Therefore, less than significant short-term, cumulative vibratory impacts are anticipated to result from the Project in combination with other cumulative projects. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-98 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation related to vibration. This impact would be new when compared with the impact analysis in EIR No. 311, which did not analyze groundborne vibration or groundborne noise levels. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. L. PUBLIC SERVICES AND RECREATION (Threshold 5.13) 1. Adverse Physical Impacts to Existing Fire Protection Facilities (Threshold 5.13a(i)) This threshold analyzes whether the Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection services. (a) Findings The Project would include construction of an additional fire substation, and fire and safety measures, which would address requirements related to fire hydrants, emergency access, emergency fire equipment, hazardous materials, building sprinklers, fire safety building specifications, fire flow pressure and storage, and visible emergency contact information to minimize demands on fire and safety services. Additionally, fees would be paid to fund staffing, equipment and facilities as needed to serve the demand for fire protection services. The following mitigation measures and Project design feature imposed upon the Project would mitigate impacts to fire protection facilities to a less than significant level: MM PS-1: Prior to issuance of each building permit for development in the ARSP Parking and Theme Park Overlays, the property owner/developer shall pay all applicable fire fees in the amount then in effect and in accordance with the City-adopted Fire Protection Facilities and Paramedic Services Impact Fee Program (initially established through City Council Resolution No. 95R- 73). Alternatively, the City and the Property Owner/Developer may enter into alternative financing arrangements. (EIR No. 311, MM 3.10.1-8; SEIR No. 340, MM 5.12-9 and SR 5.12-1) MM PS-2: Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged, as required, by the property owner/developer. (EIR No. 311, MM 3.10.1-2; SEIR No. 340, MM 5.12-5) MM PS-3: Prior to approval of each grading plan, the property owner/developer shall submit an emergency fire access plan to ensure that service to the site is in accordance with the Fire Department service requirements. (EIR No. 311, MM 3.10.1-3; SEIR No. 340, MM 5.12-6) A-99 MM PS-4: Prior to issuance of each building permit, the property owner/developer shall submit a Construction Fire Protection Plan which shall include detailed design plans for accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. A construction plan providing a complete timeline and construction goals shall be provided and approved by the Fire Department for all new construction projects. (EIR No. 311, MM 3.10.1-4; SEIR No. 340, MM 5.12-11) MM PS-5: Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection, plans shall indicate that all buildings shall have sprinklers installed by property owner/developer, to include all open and closed parking structures, exclusive of one-story detached accessory buildings of less than 120 square feet in floor area, and free standing shade structures that are open on at least two sides to sufficiently prevent the accumulation of smoke and hot gases. Additionally, alternatives to automatic sprinkler systems (e.g., self-contained water mist systems) that provide an equivalent level of fire protection may be approved for other buildings on a case-by-case basis upon review and approval by the Fire Department. (EIR No. 311, MM 3.10.1-5; SEIR No. 340, MM 5.12-7) MM PS-6: Prior to issuance of each building permit, plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full minimum width of 26 feet for all designated fire access roads. b. All fire access roads, bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 78,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies (hydrants) are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 300 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for all structures shall be a minimum of 1,500 gallons per minute. f. Fire access roads shall be provided with vertical and horizontal clearance in compliance with Fire Department standards. Any changes to emergency vehicle access roads shall be included in the overall emergency vehicle access plans for the Resort area, and maintained by A-100 property owner/developer. The Fire Code Official shall review all proposed changes and determine whether to approve any deviations from these standards. g. Temporary structure regardless of type of construction shall be considered temporary if at a location for less than 6 months. Other than pre-fabricated construction trailers, structures that are at a location for more than 6 months shall be provided with a fire suppression system and/or fire notification/life safety systems applicable to the use of the structure. h. Integrated Safety Systems (ISS) testing as designed by the property owner/developer or an updated equivalent shall be required for all attractions on an annual basis. The property owner/developer shall provide advance notice to the Fire Department to coordinate witnessing of such testing at the Fire Code Official’s discretion. (EIR No. 311, MM 3.10.1-6; SEIR No. 340, MM 5.12-8) MM PS-7: Prior to issuance of the first building permit for the DisneylandForward Project or as otherwise specified in the Development Agreement between the City and Disney, the property owner/developer shall enter into a Fire Operations Agreement with the City of Anaheim to pay or cause to be paid its fair share of the funding to address the Operations and Community Risk Reduction staffing needs to maintain adequate levels of service of response and ongoing fire inspection of the Project and in the Anaheim Resort. (EIR No. 311, MM 3.10.1-7) MM PS-8: Prior to approval of street improvement plans and water improvement plans, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. (EIR No. 311, MM 3.10.1-9; SEIR No. 340, MM 5.12-6) MM PS-9: Prior to the final building and zoning inspection for a hotel, the property owner/developer shall submit an emergency evacuation response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on emergency evacuation procedures and incorporate ongoing emergency evacuation training for hotel staff to the satisfaction of the Fire Department. (EIR No. 311, MM 3.6-5 and MM 3.6-6; SEIR No. 340, MM 5.5-4) MM PS-10: Prior to issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the California Fire Code. (SEIR No. 340, MM 5.12-12) MM PS-11: Prior to the placement of building materials on a building site, an all-weather fire access road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate A-101 emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements noted in the Anaheim Municipal Code and in accordance with City of Anaheim Fire Department Standards. (SEIR No. 340, MM 5.12-13) MM PS-12: Prior to approval of building plans, the property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with “knox box” devices as required and approved by the Fire Department. (SEIR No. 340, MM 5.12-14) MM PS-13: Prior to approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney’s Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. (SEIR No. 340, MM 5.12-15) MM PS-14: Prior to the issuance of construction permits associated with development of over 10,000 sf within the Theme Park District or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc., the property owner/developer shall locate and design a Fire Substation within the Theme Park District, in a location approved by the Fire Chief. The Substation shall meet the below minimum criteria, and is subject to the review and approval of the Fire Chief: 1. Designated parking stalls, for a medic truck, ambulance, medic golf cart, and 2 staff vehicles 2. Equipped with dedicated fiber optic line (services for cable, wifi) 3. Two offices with two workstations each 4. Breakroom/kitchen type area 5. Day room able to accommodate up to 8 personnel (4 paramedics, 2 ambulance, 2 Community Risk Reduction) 6. Restrooms with showers/locker rooms MM PS-15: Prior to issuance of building permits for any structure greater than 75 feet tall, the property owner/developer shall conduct an analysis to determine if the structure would interfere with the Emergency Radio Response Communication (ERRC) System signal. If warranted based on the analysis, the property owner/developer shall be responsible for installation of new or relocated equipment. PDF PS-1: Ongoing during project operation, the existing services and capabilities of the Disneyland Fire Department shall be maintained for the DisneylandForward Project Site. Existing services include preconstruction checks, pre-investigation of fires and alarms, preplanning for fires and A-102 evacuations, fire prevention program activities, and monitoring of pyrotechnics and special effects. (EIR No. 311, PDF 3.10.1-1) MM HAZ-2: Ongoing during demolition and construction, in the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22. (EIR No. 311, MM 3.8-10; SEIR No. 340, MM 5.7-6) MM HAZ-3: Prior to approval of a grading plan or issuance of a demolition permit, whichever occurs first, the property owner/developer shall submit a Phase I Environmental Site Assessment (ESA) prepared pursuant to current ASTM Standard Practice for Environmental Site Assessments to identify potential threats to human health and the environment for review by the City. If possible hazardous materials are identified during the site assessments, the appropriate response/remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate. The ESA shall detail procedures that shall be taken if a previously unknown underground storage tank (UST) or other unknown hazardous materials or waste is discovered onsite. The ESA shall outline where hazardous materials may be found, types of hazardous materials anticipated, how to screen for them, and what to do in the event they are identified. The ESA shall identify the party responsible for the screening, and training requirements for those responsible for undertaking the screening effort. The ESA shall specify requirements for reporting, handling, staging, disposal, and recordkeeping. The ESA shall also identify contingencies in the event that significant contamination is identified that is 1) above regulatory thresholds and 2) cannot be removed/remediated by proposed construction. (EIR No. 311, MM 3.11-5; SEIR No. 340, MM 5.7-4 and MM 5.7-7) MM HAZ-4: Prior to issuance of a grading or demolition permit, whichever occurs first, in areas known or thought to have been previously occupied by underground storage tanks (USTs), or other hazardous materials or waste, and in areas where tank removal has not been verified prior to excavation or grading; the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks using geophysical methods that include the potential use of ground penetrating radar (GPR) or similar technologies to determine no abandoned USTs are present. (EIR No. 311, MM 3.11-2; SEIR No. 340, MM 5.7-1) MM HAZ-5: Prior to the removal of underground storage tanks (USTs), the property owner/developer shall obtain a permit from the Hazardous Materials Management section of the Fire Department for removal of such A-103 tanks. During removal of the underground storage tank, a representative from the Hazardous Materials Section (HMS) of the Fire Department shall be onsite to direct soil sampling. (EIR No. 311, MM 3.11-3; SEIR No. 340, MM 5.7-2) MM HAZ-6: Ongoing during remediation, all remediation activities of surface or subsurface contamination not related to underground storage tanks (USTs), conducted on behalf of the property owner/developer, shall be overseen by the Santa Ana Regional Water Quality Control Board (SARWQCB) and witnessed by Anaheim Fire Department/Hazardous Material Management Section (HMS). Information on subsurface contamination from an underground storage tank shall be provided to the Santa Ana Regional Water Quality Control Board (SARWQCB) with a copy to Planning & Building. (EIR No. 311, MM 3.11-4; SEIR No. 340, MM 5.7-3) MM NOI-1: Ongoing during project operation, the property owner/developer shall obtain pyrotechnic permits on an annual basis. Material additions or modifications to firework shoots shall require a separate permit. (EIR No. 311, MM 3.5-2) MM UTIL-3: Prior to issuance of each building permit, all water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. (SEIR No. 340, MM 5.15-2) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would result in a less than significant impact related to fire protection services with implementation of mitigation. According to SEIR No. 340, buildout of the ARSP would create additional demand for fire and/or emergency rescue services; however, adherence to standard requirements and implementation of mitigation would reduce impacts to less than significant. Project Specific Conclusion The Project Site is served by the AF&R for fire protection services. Implementation of the Project would allow the transfer of previously approved uses to Disney Properties in the Project Site. No new uses are proposed, however, allowable uses would have the potential to occur in different locations and configurations within the Project Site. These changes have the potential to alter existing access routes and the anticipated density of development in certain areas. According to AF&R, the Project would result in an additional demand for personnel, including one Community Risk Reduction Officer to handle construction related activities and one to handle all annual inspection, integrated systems testing, and permitting, as well as facilities to house the additional personnel. Implementation of MM PS-14, which requires construction of a substation in the Theme Park District, would reduce this impact to less than significant. Additionally, fees have been paid for fire services as required by the MMP for The A-104 Disneyland Resort Project to fund staffing, equipment and facilities as needed to serve the demand for fire protection services. As part of this Project and through implementation of MM PS-7, Disney and the City would enter into a Fire Operations Agreement to replace the existing Paramedic Agreement and to cover all Disney Properties in the Project Site. Disney would be responsible for continued payment of fees. Further, consistent with existing conditions, AF&R has dedicated personnel under contract to the Disneyland Resort, and would continue to do so in the future. Additionally, implementation of MM PS-1 through MM PS-15, MM HAZ-2 through MM HAZ-6, MM NOI-1, MM UTIL-3, and PDF PS-1 would further ensure adequate fire and safety services are provided and would minimize demand on fire and safety services. These mitigation measures address requirements related to fire hydrants, emergency access, emergency fire equipment, hazardous materials, building sprinklers, fire safety building specifications, fire flow pressure and storage, and visible emergency contact information. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation related to fire protection services. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Adverse Physical Impacts to Existing Police Protection Facilities (Threshold 5.13a(ii)) This threshold analyzes whether the Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection services. (a) Findings The Project would include payment of applicable police protection fees to fund staffing, equipment and facilities as needed to serve the demand for police protection services; implement safety measures related to private security officers and surveillance, safety measures for parking structures, and anti-gang and substance abuse educational programs to ensure the Project would not result in significant police protection service impacts. The following mitigation measures and project design feature imposed upon the Project would mitigate impacts to police protection facilities to a less than significant level: MM PS-16: Prior to issuance of each applicable building permit, the property owner/developer shall pay all applicable police protection fees in the amount then in effect. Alternatively, the City and the property owner/developer may enter into alternative financing arrangements. A-105 MM PS-17: Ongoing during operation of the Disneyland Resort, the operator of the public parking facilities shall provide an adequate staff of private security officers for patrol and surveillance of the facilities. (EIR No. 311, MM 3.10.2-2) MM PS-18: Prior to the issuance of the first building permit for DisneylandForward Project or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc., the property owner/developer shall enter into Police Operations Agreement with the City of Anaheim to pay or cause to be paid its fair share of the funding for police personnel and equipment necessary to meet the service need of the Anaheim Resort as determined by the Chief of Police. (EIR No. 311, MM 3.10.2-3) MM PS-19: Prior to issuance of each building permit for parking structures, the Police Department shall review the safety measures incorporated into the building plans for the parking structures within the DisneylandForward Project Site to be submitted by the property owner/developer. The security measures shall include the following or other substitute security measures as may be approved by the Police Department: • Immediate access in priority criminal cases, where an urgent need or demand exists and time is of the essence. • Closed circuit television surveillance and recording equipment or other adequate security measures reviewed and approved by the Police Department. (EIR No. 311, MM 3.10.2-5; SEIR No. 340, MM 5.12-2) MM PS-20: Ongoing during operation of the Disneyland Resort, the property owner/developer shall continue to provide anti-gang, human trafficking, child exploitation and substance abuse educational programs which are currently provided for park security cast members. (EIR No. 311, MM 3.10.2-6) MM PS-21: Ongoing during operations, the Disneyland Security Department shall be maintained to provide equivalent levels of service to the entire Disneyland Resort. These services will include initial response, investigation, and report writing. Entry points to the theme parks will be patrolled by the Disneyland Security Department. (EIR No. 311, PDF 3.10.2-1; SEIR No. 340, MM 5.12-3) MM PS-22: Prior to issuance of each building permit for a hotel, the property owner/developer shall submit plans to the Police Department for review and approval by the Chief of Police, or their designee, for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and A-106 lighting of parking structures and parking areas). (SEIR No. 340, MM 5.12- 1) MM PS-23: Prior to issuance of each building permit for or including a parking lot and/or parking structure, the project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department and shall be subject to the review and approval of the Police Department. (SEIR No. 340, MM 5.12-4) MM PS-24: Prior to issuance of the first building permit for the DisneylandForward Project or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc., the property owner/developer shall coordinate with the Police Department to construct and maintain a Substation in the Theme Park District which meets the following minimum criteria: • Designated parking stalls, including EV charging stations, for approximately 4-6 EV, 15-20 regular spaces • Equipped with dedicated fiber optic line • Minimum of two private offices • Conference/briefing room • Interview room • Kitchen • Breakroom • Locker rooms with showers, restrooms, and lockers • Enclosed bicycle storage for at least 12 bicycles • Equipment storage (size equivalent to two offices) The location and facility components are subject to the review and approval of the Chief of Police. A designee of the Chief of Police shall be included in the initial design phase of the Substation, and shall be regularly consulted during design and construction. Any subsequent modification or relocation to either facility is subject to the review and approval of the Chief of Police. MM PS-25: Prior to issuance of the first building permit for development of over 10,000 sf in the Southeast District or Theme Park East Overlay or as otherwise determined in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc., the property owner/developer shall coordinate with the Police Department to construct and maintain a Satellite Office in the Southeast District or the Theme Park East Overlay which meets the following minimum criteria: A-107 • Designated parking stalls, including 2 -4 EV charging stations, 6 - 8 regular spaces • Equipped with dedicated fiber optic line • Breakroom • Conference/briefing room • Interview room • Restrooms • Enclosed bicycle storage for at least 6 bicycles The location and facility components are subject to the review and approval of the Chief of Police. A designee of the Chief of Police shall be included in the initial design phase of the Satellite Office, and shall be regularly consulted during design and construction. Any subsequent modification or relocation to either facility is subject to the review and approval of the Chief of Police. PDF PS-2: Ongoing during project operation, the property owner/developer shall continue to provide and expand its Court Liaison program to meet the needs of the Disneyland Resort. (EIR No. 311, PDF 3.10.2-3) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would result in a less than significant impact related to police protection services with implementation of mitigation. According to SEIR No. 340, buildout of the ARSP would create additional demand for police services, however, implementation of mitigation would reduce impacts to less than significant. Project Specific Conclusion The Project Site is served by the Anaheim Police Department (APD). Implementation of the Project may increase the demand for police protection services. Implementation of the Project would reallocate previously approved uses among Disney Properties in the Project Site. No new uses are proposed; therefore, the demand on police protection services would be consistent with what was previously analyzed in EIR No. 311 and SEIR No. 340. According to Anaheim Police, the Project would result in additional demand requiring new facilities, potential for expanding current facilities, additional staffing, and additional equipment. Implementation of MM PS-24 and MM PS-25, which require construction of a Police Substation in the Theme Park District and a Satellite Office in the Southeast District or the Theme Park East Overlay, all of which are within the defined development footprint for the DisneylandForward Project as evaluated throughout this Draft Subsequent EIR, would reduce this impact to less than significant. Additionally, fees have been paid for police services as required by the MMP for The Disneyland Resort Project to fund staffing, equipment and facilities as A-108 needed to serve the demand for police protection services. As part of this Project, Disney and the City would enter into a Police Operations Agreement to replace the existing Agreement and to cover all Disney Properties in the Project Site. Therefore, implementation of MM PS-16, which requires payment of all applicable police protection fees, would reduce impacts related to provision of new or altered facilities to maintain service ratios to less than significant. Additionally, implementation of MM PS-16 through MM PS-25 and PDF PS-2 would further ensure adequate police protection are provided and would minimize demand on police services. These mitigation measures address requirements related to private security officers and surveillance; safety measures for parking structures; and anti-gang and substance abuse educational programs. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation related to fire protection services. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 3. Adverse Physical Impacts to Existing School Facilities (Threshold 5.13a(iii)) This threshold analyzes whether the Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for school facilities. (a) Findings The Project would include payment of school impact fees intended to fund staffing, equipment and facilities as needed to serve the demand for schools and continue to provide educational community programs to ensure the Project would not cause significant school facility impacts. The following mitigation measures imposed upon the Project would mitigate impacts to school facilities to a less than significant level: MM PS-26: Prior to issuance of each building permit, the property owner/developer shall provide proof that school impact fees have been paid consistent with State statute. (EIR No. 311, MM 3.10.5-2; SEIR No. 340, MM 5.12-17) PDF PS-3: Ongoing during project operations, the Disneyland Resort has developed and/or engaged in a series of educational programs in cooperation with the local community and regional agencies and organizations, designed to enhance and complement the educational A-109 opportunities and experiences for the youth. The 10 educational programs that are currently supported by the Disneyland Resort are indicated below: 1. Anaheim Union High School District’s Anaheim’s Innovative Mentoring Experience (AIME) program 2. Big Brothers & Big Sisters of Orange County’s Workplace Mentoring Program at Anaheim Union High School District 3. United Way’s Youth Career Connections and Speakers Bureaus at the Anaheim Union High School District 4. Anaheim Family YMCA Avanza Program 5. Orange County Asian Pacific Islander Community Alliance’s ROOTED Career Development Program at Anaheim Union High School District 6. Hola Readers at Anaheim Elementary School District 7. Anaheim Elementary School District’s Broadway Bound: Empowering Young Performers in Anaheim 8. Boys & Girls Clubs of Greater Anaheim-Cypress gEARed Up for the Future 9. School Support Programs Girls Inc.’s Girls Meet the Workforce/Project Accelerate 10. CIF Champion Celebration Girl Scouts of Orange County’s Career Exploration Program – Dreams to Reality The property owner/developer will continue these programs and/or substitute similar programs of equal importance. (EIR No. 311, PDF 3.10.5-1) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would not result in any direct impacts on local school districts. However, EIR No. 311 identified significant and unavoidable indirect impacts related to school enrollment due to over-capacity situations in the Anaheim Union High School District and the Anaheim City School District. According to SEIR No. 340, buildout of the ARSP would generate new school-aged students, however, implementation of mitigation would reduce impacts to less than significant. Project Specific Conclusion The Project does not involve the construction of new dwelling units. Additionally, development of the Project would not increase square footage that has already been entitled. Therefore, direct impacts on the AESD or the AUHSD are not expected to occur as a result of the Project. However, development of the Project could produce an indirect impact, increasing population in the City by approximately 6,079 related to new employees choosing to relocate to the City of Anaheim. This indirect increase in A-110 population has the potential to indirectly increase the number of school-aged children served by AESD and AUHSD. Although not required under State law, Disney entered into an agreement with the AESD, formerly known as the Anaheim City School District, for early payment of the fees for buildout of The Disneyland Resort Project. However, impacts to AUHSD would be potentially significant. Implementation of MM PS-26 requires payment of school impact fees intended to fund staffing, equipment and facilities as needed to serve the demand for schools; therefore, no additional fees are required to minimize impacts on schools. With payment of the required fees, less than significant impacts related to schools would occur. Additionally, with implementation of PDF PS-3, Disney would continue to provide educational programs in cooperation with the local community that are designed to enhance and complement the other existing educational opportunities and experiences within the community. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation related to schools. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 4. Adverse Physical Impacts to Existing Library Facilities (Threshold 5.13a(v)) This threshold analyzes whether the Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for other public facilities including library facilities. (a) Findings The Project would require payment of developer fees intended to fund staffing, resources, and facilities as needed to serve the demand for library services for all approved entitlements to ensure the Project would not significantly impact library facilities. The following mitigation measure imposed upon the Project would mitigate impacts to library facilities to a less than significant level: MM PS-27: Prior to the issuance of a building permit for development in the ARSP Parking and Theme Park Overlays, with the exception of theme park square footage transferred from the DRSP, the property owner/developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. (SEIR No. 340, MM 5.12-19) A-111 (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not analyze impacts to other public facilities such as library services. According to SEIR No. 340, buildout of the ARSP would introduce new borrowers to the Anaheim Public Library service area, however, implementation of mitigation would reduce impacts to less than significant. Project Specific Conclusion Anaheim residents and visitors that use library services online, whether from their personal residence or a hotel, affects the availability of online resources because of the limited number of licenses. With additional users to serve, the Project would reduce the overall availability per capita of books, media, computers, and library public service space. Therefore, in order to maintain current per capita levels and licensing agreements, the City would need to provide additional physical and virtual resources to the Anaheim library system. The Anaheim Municipal Code Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required, specifies that developer fees shall be deposited in a public library services fund. This fund shall be used for the construction, equipping, and supplying of said services, as set forth in the public library services plan. Implementation of MM PS-27 requires payment of developer fees, intended to fund staffing, resources, and facilities as needed to serve the demand for library services for all approved entitlements; therefore, no additional fees are required to minimize impacts on library resources and services. With payment of required fees, a less than significant impact would occur. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not address impacts to other public facilities such as library services. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 5. Cumulative Impacts – Fire Facilities This discussion analyzes whether the Project would have a significant cumulative impact related to fire facilities. (a) Findings As previously stated, the Project would be required to construct and maintain a substation and enter into a Fire Operations Agreement to address future staffing needs, which would help meet the needs for the anticipated increase in demand for fire services, in addition to the other fire protection measures which would address requirements related to fire hydrants, emergency access, emergency fire equipment, A-112 hazardous materials, building sprinklers, fire safety building specifications, fire flow pressure and storage, and visible emergency contact information. The following mitigation measures and Project design feature imposed upon the Project would mitigate cumulative impacts related to fire facilities to a less than significant level: MM PS-1 through MM PS-15, MM HAZ-2 through MM HAZ-6, MM NOI-1, MM UTIL-3, and PDF PS-1 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would result in a less than significant cumulative impact related to fire protection services with implementation of mitigation. According to SEIR No. 340, buildout of the ARSP and reasonably foreseeable projects within the vicinity of the ARSP and Disneyland Resort, would result in an increased cumulative demand for recreational amenities; however, cumulative impacts of Project development would be less than significant with implementation of mitigation. Project Specific Conclusion The geographic area for the cumulative analysis of fire protection services is defined as the service territory for the AF&R. The City is undergoing continuous development and redevelopment. While the contribution of these projects to area growth is largely reflected in population and housing estimates and has been considered in long-range planning efforts undertaken by agencies, the Project’s modifications as discussed previously in addition to future development within the AF&R service area have the potential to create significant impacts related to need for additional resources to serve the Project and cumulative development. However, the Project would be required to construct and maintain a Substation within the DisneylandForward Project site and enter into a Fire Operations Agreement to address future staffing needs according to MM PS-14 and MM PS-7, respectively, which would help meet the anticipated increased demand for fire services. Therefore, implementation of these and all other applicable mitigation measures noted would reduce the Project’s contribution to a cumulative impact to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project’s cumulative impact would be less than significant with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 6. Cumulative Impacts – Police Facilities This discussion analyzes whether the Project would have a significant cumulative impact related to police facilities. A-113 (a) Findings The Project would be required to construct and maintain a substation and satellite office to help meet the anticipated increased demand for police protection services as a result of the Project, in addition to safety measures related to private security officers and surveillance, safety measures for parking structures, and anti-gang and substance abuse educational programs. The following mitigation measures and Project design feature imposed upon the Project would mitigate cumulative impacts related to police facilities to a less than significant level: MM PS-16 through MM PS-25, PDF PS-2 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that The Disneyland Resort Project would result in a less than significant cumulative impact related to police protection services with implementation of mitigation. According to SEIR No. 340, demand for police protection services associated with buildout of the ARSP would not result in or contribute to any significant cumulative impact to police protection services; however, compliance with the proposed mitigation would further ensure adequate police protection services are provided and would minimize demand on police protection services. Project Specific Conclusion The geographic area for cumulative analysis of police protection services is defined as the service territory for the Police Department. The City is undergoing continuous development and redevelopment. While the contribution of these projects to area growth is largely reflected in population and housing estimates and has been considered in long-range planning efforts undertaken by agencies, the Project’s modifications as discussed previously in addition to future development within the Police Department’s service area have the potential to create significant impacts related to need for additional resources to serve the Project and cumulative development. However, the Project would be required to construct and maintain a Substation within the Theme Park District and a Satellite Office in the Southeast District/Theme Park East Overlay according to MM PS-24 and MM PS-25, respectively, which would help meet the anticipated increased demand for police protection services. Therefore, implementation of these and all other applicable mitigation measures noted would reduce the Project’s contribution to a cumulative impact to a less than significant level. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project’s cumulative impact would be less than significant with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. A-114 7. Cumulative Impacts – School Facilities This discussion analyzes whether the Project would have a significant cumulative impact related to school facilities. (a) Findings The Project would require payment of school impact fees which would help offset the demand for school facilities in the area. The following mitigation measure and Project design feature imposed upon the Project would mitigate cumulative impacts related to school facilities to a less than significant level: MM PS-26, PDF PS-3 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined The Disneyland Resort Project would have a less than significant direct impact on schools, but identified a significant and unavoidable indirect impact related to school enrollment due to over-capacity situations in the Anaheim Union High School District and the Anaheim City School District. According to SEIR No. 340, buildout of the ARSP would result in an increased student population; however, all new growth would occur in compliance with applicable goals and policies of the City’s General Plan and standard requirements such as SB 50. Therefore, potential impacts related to schools would be less than significant and would not be cumulatively considerable. Project Specific Conclusion Future development under the Project could result in increased student population, which when considered in combination with future cumulative development within the AESD and AUHSD boundaries, has the potential to represent a significant impact related to the adequacy of school facilities and resources, and additional facilities and resources may be required. However, all new growth associated with the Project as well as cumulative projects would occur in compliance with applicable goals and policies of the City’s General Plan and standard requirements such as payment of fees pursuant to SB 50. As previously discussed, Disney entered into an agreement with the AESD, formerly known as the Anaheim City School District, for early payment of the fees for buildout of the Disneyland Resort Project. Additionally, with implementation of MM PS-26 which requires payment of school impact fees, potential project-level impacts to AUHSD related to Project implementation would be reduced to less than significant levels. Therefore, payment of the required fees would also reduce the Project’s contribution to a cumulative impact to a less than significant level. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-115 Project Conclusion Compared to Previous EIR Conclusions The Project’s cumulative impact would be less than significant with mitigation. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 8. Cumulative Impacts – Library Facilities This discussion analyzes whether the Project would have a significant cumulative impact related to library facilities. (a) Findings The Project would require payment of developer fees which would help offset the demand for library facilities in the area. The following mitigation measure imposed upon the Project would mitigate cumulative impacts related to library facilities to a less than significant level: MM PS-27 (see above) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not analyze potential cumulative impacts to other public facilities such as library services. According to SEIR No. 340, buildout of the ARSP would incrementally contribute to cumulative impacts. However, potential cumulative impacts would be reduced to less than significant with implementation of mitigation. Project Specific Conclusion Implementation of the Project would affect the provision of library services, which when considered in combination with future cumulative development within the City limits, has the potential to represent a significant impact related to library services. All future development projects, including the Project, would be required to assess potential impacts to library services and mitigate such impacts through the payment of fees as detailed in the Anaheim Municipal Code Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. These fees would fund purchase of additional resources or construction of physical improvements. Therefore, with implementation of MM PS-27 which requires payment of developer fees, potential project-level library impacts related to Project implementation would be reduced to less than significant levels. Therefore, payment of the required fees would also reduce the Project’s contribution to a cumulative impact to a less than significant level. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of the mitigation measure, the impact will be reduced to a less than significant level. A-116 Project Conclusion Compared to Previous EIR Conclusions The Project’s cumulative impact would be less than significant with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311, which did not address other public services, including library services. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. M. TRANSPORTATION (Threshold 5.14) 1. Conflict with Transportation Program, Plan or Policy (Threshold 5.14a) This threshold analyzes whether the Project would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. (a) Findings The Project would include implementation of measures aimed specifically at reducing VMT, including right of way and in-lieu contributions to the City for bicycle facilities, encouraging the use of transit options to reduce reliance on individual vehicles, developing alternative pedestrian infrastructure to encourage pedestrian use and reduce VMT, and providing overall improvements to existing roadway systems, parking and access to ensure transportation impacts would be less than significant. The following mitigation measures imposed upon the Project would mitigate impacts related to conflict with an applicable transportation program, plan or policy to a less than significant level: MM TRA-1: Ongoing during project development and operations, the property owner/developer shall implement the improvements and pay in lieu fees described in Table 19 (Recommended Intersection Improvements) and Table 20 (Other Transportation Improvements) of the Operational Traffic Analysis for the DisneylandForward Project (Gibson 2023), as set forth in Appendix J-2 of Subsequent EIR No. 352, within the time frames described in those tables. Prior to the issuance of each building permit, any remaining applicable Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees (Fees) relating to the building permit site shall be paid by the property owner/developer to the City of Anaheim in the amounts determined by the City Council Resolution in effect at the time of issuance of the building permit, except to the extent such fees may have been previously paid or satisfied pursuant to one or more separate agreements between Walt Disney Parks and Resorts U.S., Inc. and the City of Anaheim relating to The Disneyland Resort Project or The DisneylandForward Project. (SEIR No. 340, MM 5.14-2) MM TRA-2: Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, or as otherwise established in Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. or as approved pursuant to a Discretionary Exemption to establish the timing of Street and Other Right- A-117 of-Way Dedications and Improvements (Anaheim Municipal Code Section 18.40.060 Dedications and Improvements), the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. (EIR No. 311, MM 3.3-3B; SEIR No. 340, MM 5.14-3) MM TRA-3: Prior to demolition of an existing Disneyland Resort parking lot, replacement parking for the existing parking spaces removed will be constructed or secured. Access Improvements and Public Parking Facilities Included in Project Design (Exhibit 4.3.1b – Interstate 5-West Street/Disneyland Drive Interchange (Showing Entrance to West Parking Facility) and Exhibit 4.3.1c – Interstate 5/Katella Interchange (Showing Entrance to East Parking Facility). Public Parking Facilities. New public parking facilities will be constructed at opposite sides of The Disneyland Resort Specific Plan area to receive traffic from the I-5. Ongoing during project operation, a minimum of 24,500 guest and cast parking spaces will be provided. The West Parking Area is oriented to receive southbound I-5 traffic, and the parking facilities in the East Parking Area and adjacent ARSP Parking Overlay will be oriented to receive northbound I-5 traffic. (EIR No. 311, PDF 3.3-1) MM TRA-4: To be shown on street improvement plans; to be implemented prior to final building and zoning inspections for the east and west parking structures/facilities. Improved Access. Access roads leading up to the parking facilities shall be sized to accommodate traffic at peak hours, thereby substantially reducing the likelihood of backups onto City streets and freeway ramps, subject to the approval of the City Engineer. No cast or guest access or egress will occur from Walnut Street. (EIR No. 311, PDF 3.3-2) MM TRA-5: Prior to issuance of each building permit; to be implemented prior to final building and zoning inspections for both the east and west parking structures, Speed Parking. Building plans shall show direct ramps to each level of the East and West Parking Area facilities to minimize internal circulation within the garages and accommodate the project's "speed parking" operation. (EIR No. 311, PDF 3.3-3) MM TRA-6: To be shown on street improvement plans; to be implemented prior to final building and zoning inspection for each parking structure and/or facility, A-118 Conveyance Systems. In addition to an extensive network of landscaped pedestrian thoroughfares, conveyance systems will transport Disneyland Resort guests around The Anaheim Resort. Guest transportation systems will move guests from the parking facilities to the Theme Park District. The monorail/guest transportation systems shall move guests within the Theme Park District. Future connections may also be provided to the Southeast District. (EIR No. 311, PDF 3.3-4) MM TRA-7: To be shown on street improvement plans; to be implemented prior to final building and zoning inspections for the second theme park for Phase II; and if pursued, to be implemented prior to final building and zoning inspections for the East Parking Area or adjacent ARSP Parking Overlay parking structure(s) or other accessible location in Phase IV. Theme Park Drop-Off Area. To provide access to the attractions in the Specific Plan area to people staying outside of The Disneyland Resort area, a bus and shuttle drop-off area will be located adjacent to Harbor Boulevard north of Disney Way as shown on Exhibit 4.4.2a of the Specific Plan; or, in Phase IV, the facility may be located adjacent or internal to the East Parking Area or the adjacent ARSP Parking Overlay Parking Structure(s), or other accessible location in the Theme Park Districts. The types of vehicles served at this facility may include public and private passenger shuttles and buses. (EIR No. 311, PDF 3.3-5; SEIR No. 340, MM 5.14-20) MM TRA-8: Transportation Demand Management Program On-going during project operation, the need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Walt Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. A-119 • Meet the cast 1.5 AVR target. • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. • Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this A-120 program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. o Telecommuting. The Disneyland Resort employs cast members in a wide variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. A-121 o Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. o Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. o Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. o Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests o Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. The property owner/developer is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing A-122 materials for The Disneyland Resort will describe it as an "auto- free" zone with a range of transportation amenities where cars are not needed. o Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). (EIR No. 311, PDF 3.3-15; SEIR No. 340, MM 5.14-5, MM 5.14- 6, MM 5.14-8, MM 5.14-9, and MM 5.14-23) MM TRA-9: Ongoing during project operations, the property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. (EIR No. 311, PDF 3.3-17; SEIR No. 340, MM 5.14-4) MM TRA-10: Ongoing during construction, if Anaheim Police Department or Anaheim TMC personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services. (EIR No. 311, MM 3.8-11; SEIR No. 340, MM 5.14-7) MM TRA-11: Ongoing during project operations, the property owner/developer will establish an onsite public information office (which is conveniently and accessibly located) where construction scheduling and phasing information will be available to the public. The public information office shall be open during construction hours. A telephone "hotline" will be provided to the community to allow members of the public to call the office with questions or comments during business hours. At least one liaison officer will be staffed at the office. The liaison officer shall be available to answer questions from the public and shall coordinate with the City of Anaheim, other public agencies, and major developers in the area regarding the coordination of construction activities and infrastructure improvements. The City shall be provided with a monthly summary of the calls received and follow-up actions. (EIR No. 311, MM 3.8-12) MM TRA-12: Prior to issuance of each building permit for The Disneyland Resort or, any other timing specifically provided in this measure, the property owner/developer shall submit a Traffic Mitigation and Construction Phasing and Control Plan. To the extent needed, as determined by the Public Works Department, the Traffic Mitigation and Construction Phasing and Control Plan shall identify the following: A-123 a. A Construction Staging Area Plan showing the location and size of the construction staging area. The Plan shall also show how the staging area will be screened from view in compliance with the City of Anaheim Municipal Code. (EIR No. 311, PDF 3.8-1) MM TRA-13: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during grading and construction, a Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan shall show conformance with the external noise limits for construction between 7 p.m. and 7 a.m. The Plan shall also prohibit construction traffic on residential streets where improvements are not planned and shall provide measures to ensure that truck drivers are directed away from residential streets and travel on approved routes only. Measures to assist in guiding truck movement on the arterial roadway system include, but are not limited to, provision of truck route maps to truck drivers and placement of flagpersons and construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions and potential repairing and/or repaving by property owner/developer after completion of construction as required by the City Engineer. (EIR No. 311, PDF 3.8-3) MM TRA-14: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during grading and construction, a Construction Traffic Management Plan which includes mechanisms to reduce construction-related traffic congestion which shall be implemented during grading and construction, including, but not limited to, the following: 1. Configure construction parking to minimize onsite and offsite traffic interference. 2. Minimize obstruction of through-traffic lanes. 3. Provide flagpersons to guide traffic, as determined in the plan. (EIR No. 311, PDF 3.8-4) MM TRA-15: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during construction, a Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. (EIR No. 311, PDF 3.8-5) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 generally addressed this threshold through consistency analyses contained in Section 3.1, Land Use-Related Plans and Policies, and concluded buildout of The Disneyland Resort Project would result in less than significant impacts related to A-124 Transportation Planning Programs. SEIR No. 340 found a significant and unavoidable impact based on the LOS analysis used at the time, and which is no longer an applicable threshold for transportation analyses. Project Specific Conclusion A project would not conflict with a program, plan, ordinance, or policy if it were generally consistent with and would not obstruct implementation of that program, plan, ordinance, or policy. The following programs, plans, policies, and ordinances were reviewed including the California Senate Bill 743; Connect SoCal; Orange County Master Plan of Arterial Highways; Orange County Congestion Management Program; General Plan Circulation Element; Bicycle Master Plan; Disneyland Resort Specific Plan; and Anaheim Resort Specific Plan. A detailed consistency analysis with each applicable program, plan, policy and ordinance is included in Section 5.14 – Transportation/Traffic. Overall, implementation of specific mitigation measures which support implementation of new and improvement to existing roadway systems, parking, and access would reduce impacts to less than significant levels. Further, implementation of MM TRA-1 through MM TRA-15 would reduce impacts to less than significant levels. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be reduced when compared with the analysis in SEIR No. 340, which focused on the LOS analysis methodology. 2. Conflict with CEQA Guidelines Section 15064.3, Subdivision (b) (Threshold 5.14b) This threshold analyzes whether the Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). (a) Findings The Project would include parking facilities design, a guest transportation system, theme park drop-off areas, continued implementation of the existing TDM program with trip reduction features to minimize cast vehicle trips, and support for existing transit programs to encourage alternative modes of transportation and overall reduce VMT. The following mitigation measures imposed upon the Project would mitigate impacts regarding a potential conflict with CEQA Guidelines Section 15064.3, subdivision (b) to a less than significant level: A-125 MM TRA-3 and MM TRA-6 through MM TRA-9 (see above) (b) Findings of Fact Conclusions in Prior EIRs Neither EIR No. 311 nor SEIR No. 340 addressed impacts related to conflicting or being inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Project Specific Conclusion Four scenarios were run in OCTAM (Baseline no Project, Baseline plus Project, Cumulative no Project, and Cumulative plus Project). VMT was calculated in two ways (the total VMT by TAZ used in Criteria 1 and the link-based VMT used in Criteria 2), and it was calculated for multiple geographic areas (County-wide and for the specific Project TAZs for Criteria 1 and Citywide for Criteria 2). The “no Project” scenarios were run without modifications to OCTAM and the “plus Project” scenarios included changes resulting from the Project. Table 5.14-1 of the Draft Subsequent EIR summarizes the results of the VMT analysis using the OD Method and application of Criteria 1, prior to mitigation. The Project- generated VMT per MSP is 23.7 miles under baseline conditions and 25.1 miles under cumulative conditions. In both analysis periods, the Project- generated VMT per MSP would exceed the threshold of significance. Therefore, prior to mitigation, the Project would result in a significant impact with respect to VMT under Criteria 1. As shown, the Project VMT impact would exceed the threshold by approximately 7.2 percent under baseline conditions and 4.6 percent under cumulative conditions. Accordingly, mitigation is required to reduce the VMT impacts below the applicable thresholds. Table 5.14-2 of the Draft Subsequent EIR summarizes the results of the VMT analysis using the Boundary Method and application of Criteria 2, prior to mitigation. With the Project, the City-wide VMT per MSP would increase to 11.55 miles under baseline conditions and decrease to 11.39 miles under cumulative conditions. Therefore, prior to mitigation, the Project would result in a significant impact with respect to VMT under Criteria 2 under baseline conditions because the Citywide VMT per MSP would increase by approximately 0.3 percent. Accordingly, mitigation is required to reduce the VMT impacts below the applicable thresholds. As mitigation for the Project’s significant impact with respect to VMT, Disney would continue to operate its TDM program and continue to support local transit and mobility in the manner summarized above. These TDM measures employed by Disney have the potential, on their own, to reduce VMT by more than 7.2 percent. In addition, Disney annually reports to the SCAQMD on the effectiveness of its TDM program for cast members at The Disneyland Resort. Based on the continued operation of Disney’s robust TDM program and design features within The Disneyland Resort, it is estimated that VMT would be reduced by at least 10 percent compared to a scenario in which those programs and features were not provided. This is supported by the estimates of TDM effectiveness from Table 5.14-3 as shown in the Subsequent EIR and whether or not including any effects of those measures not quantified by the CAPCOA Handbook. A-126 VMT analysis after mitigation under Criteria 1 shows with the 10 percent reduction in Project-related VMT, the baseline Project VMT per MSP would be reduced to 21.2 miles, which is less than the baseline impact threshold of 22.1 miles. The cumulative Project VMT per MSP would be reduced to 22.4 miles, which is less than the cumulative impact threshold of 24.9 miles. Therefore, the identified VMT impact under Criteria 1 would be reduced to a less-than-significant level. VMT analysis after mitigation under Criteria 2 the 10 percent reduction in Project- related VMT would reduce the Citywide VMT per MSP to 11.31 miles under baseline conditions, which is less than the baseline impact threshold of 11.52 miles. Therefore, the identified VMT impact under Criteria 2 would also be reduced to a less-than- significant level. Overall, the Project’s VMT analysis found that the Project would generate VMT in exceedance of the City’s thresholds of significance for VMT. Therefore, prior to mitigation, the Project would result in a significant impact related to VMT. With implementation of MM TRA-3, MM TRA-6, MM TRA-7, MM TRA-8, and MM TRA-9, which include parking facilities design, a guest transportation system, theme park drop-off areas, continued implementation of Disney’s existing TDM program, and support for existing transit programs, the Project’s impact related to VMT would be reduced to less than significant levels. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed CEQA Guidelines Section 15064.3, subdivision (b). 3. Incompatible Uses of Geometric Design Feature (Threshold 5.14c) This threshold analyzes whether the Project would substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses. (a) Findings The Project would provide improved access, parking, drop off areas, and transportation features to prevent hazardous conditions due to geometric configurations and ensure the Project would not create an incompatible use. All proposed improvements and features of the Project would be designed and developed in compliance with City standards from the Building Division, Public Works, and the Fire & Rescue Department and would be reviewed and approved by City staff. The following mitigation measures imposed upon the Project would mitigate impacts regarding potential hazards related to a geometric design feature or incompatible uses to a less than significant level: A-127 MM TRA-4, MM TRA-5, MM TRA-12 through MM TRA-14 (see above) MM TRA-16: Prior to approval of each building permit, a Traffic Management Plan for phasing of roadway improvements, specifying the sequencing of construction to do the following: 1. Coordinate scheduling with other planned construction in the area. 2. Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. 3. Outline procedures for any required traffic detours during construction, including provision of tour bus stops. 4. Phase each roadway improvement to allow access to all existing businesses/residential areas. In some instances this will require lane- by-lane renovation, temporary bypass roads, or traffic reroutes. 5. Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. 6. Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. 7. Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. 8. Identify how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with the City of Anaheim Traffic Management Center (TMC), the Anaheim Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of The Disneyland Resort. (EIR No. 311, PDF 3.8-6 and PDF 3.8-8) MM TRA-17: Ongoing during project construction, the property owner/developer shall submit a quarterly update report showing construction activities for the upcoming quarter which shall include traffic mitigation and control planning and construction scheduling. (EIR No. 311, PDF 3.8-9) MM TRA-18: Prior to approval of each grading plan the property owner/developer shall show how the project will be in compliance with the Traffic Mitigation and Construction Phasing and Control Plan. (EIR No. 311, PDF 3.8-11) A-128 MM TRA-19: Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. (SEIR No. 340, MM 5.14-12) MM TRA-20: Prior to the issuance of building permits, plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. (SEIR No. 340, MM 5.14-13) MM TRA-21: Prior to the issuance of building permits or final map approval, whichever occurs first, 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 Engineer shall be posted with the City to guarantee the satisfactory completion of 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 and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. (SEIR No. 340, MM 5.14-14) MM TRA-22: Prior to approval of each tentative tract or parcel map, the following Street Design Elements shall be shown on each tentative tract or parcel map: a. Street cross-sections, including dimensions, labels, circulation designation (i.e., Resort Secondary) and whether public or private. b. Street grades and vertical alignment. c. Horizontal alignment, including radii, and cul-de-sac radii. (SEIR No. 340, MM 5.14-10) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly address impacts related to hazards. According to Section 2.4.2, Effects Found Not to be Significant, in SEIR No. 340, buildout of the ARSP would not result in a significant impact related to increasing hazards; a detailed analysis was not prepared. A-129 Project Specific Conclusion The Project would have many access points spread throughout the Project Site, including to and from arterial streets such as Ball Road, Disneyland Drive, Katella Avenue, Harbor Boulevard, and Haster Street. As discussed in the Operation Traffic Analysis, Appendix J-2 of the Draft Subsequent EIR, the existing driveway on Haster Street to the Southeast District would be equipped with a traffic signal, subject to a technical study proving the signal would meet warrants, as would the intersection of Manchester Avenue/Clementine Street and Alro Way. Additionally, the Project would develop new transportation infrastructure including internal roadways, pedestrian bridges, and, potentially, vehicular flyovers (e.g., to provide direct access to the DRSP Parking District East Parking Area from Disney Way). These access points and infrastructure improvements have not been designed in detail, but such features were originally contemplated in EIR No. 311 and continue to be proposed as features of the Project. All proposed improvements and features of the Project would be designed and developed in compliance with City standards from the Building Division, Public Works, and the Fire & Rescue Department and would be reviewed and approved by City staff. The designs would not result in hazardous conditions due to geometric configuration. The Project is a destination resort with retail, dining, entertainment, theme park, and hotel uses and is located in a specially designated resort district within the City and, therefore, it is compatible with surrounding land uses. Implementation of MMs TRA-4, MM TRA-5, MM TRA-12, MM TRA-13, MM TRA-14, MM TRA-16, MM TRA-17, MM TRA-18, MM TRA-19, MM TRA-20, MM TRA-21, and MM TRA-22 would reduce potential impacts related to increased hazards due to geometric designs or incompatible adjacent land uses to less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 4. Inadequate Emergency Access (Threshold 5.14d) This threshold analyzes whether the Project would result in inadequate emergency access. (a) Findings The Project would include use of Anaheim Police Department of TMC personnel during construction to provide temporary traffic control services and other applicable safety measures, such as submittal of a fire access plan and emergency evacuation plan to the Fire Department for review and approval prior to Project implementation, and A-130 provision of an all-weather fire access road to and on the construction site and for fire hydrants at all times, which would ensure the Project would not result in inadequate emergency access. The following mitigation measures imposed upon the Project would mitigate impacts regarding potential inadequate emergency access to a less than significant level: MM TRA-10 (see above) MM PS-3: Prior to approval of each grading plan, the property owner/developer shall submit an emergency fire access plan to ensure that service to the site is in accordance with the Fire Department service requirements. (EIR No. 311, MM 3.10.1-3; SEIR No. 340, MM 5.12-6) MM PS-4: Prior to issuance of each building permit, the property owner/developer shall submit a Construction Fire Protection Plan which shall include detailed design plans for accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. A construction plan providing a complete timeline and construction goals shall be provided and approved by the Fire Department for all new construction projects. (EIR No. 311, MM 3.10.1-4; SEIR No. 340, MM 5.12-11) MM PS-6: Prior to issuance of each building permit, plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full minimum width of 26 feet for all designated fire access roads. b. All fire access roads, bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 78,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies (hydrants) are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 300 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for all structures shall be a minimum of 1,500 gallons per minute. f. Fire access roads shall be provided with vertical and horizontal clearance in compliance with Fire Department standards. Any changes to emergency vehicle access roads shall be included in the overall A-131 emergency vehicle access plans for the Resort area, and maintained by property owner/developer. The Fire Code Official shall review all proposed changes and determine whether to approve any deviations from these standards. g. Temporary structure regardless of type of construction shall be considered temporary if at a location for less than 6 months. Other than pre-fabricated construction trailers, structures that are at a location for more than 6 months shall be provided with a fire suppression system and/or fire notification/life safety systems applicable to the use of the structure. h. Integrated Safety Systems (ISS) testing as designed by the property owner/developer or an updated equivalent shall be required for all attractions on an annual basis. The property owner/developer shall provide advance notice to the Fire Department to coordinate witnessing of such testing at the Fire Code Official’s discretion. (EIR No. 311, MM 3.10.1-6; SEIR No. 340, MM 5.12-8) MM PS-7: Prior to issuance of the first building permit for the DisneylandForward Project or as otherwise specified in the Development Agreement between the City and Disney, the property owner/developer shall enter into a Fire Operations Agreement with the City of Anaheim to pay or cause to be paid its fair share of the funding to address the Operations and Community Risk Reduction staffing needs to maintain adequate levels of service of response and ongoing fire inspection of the Project and in the Anaheim Resort. (EIR No. 311, MM 3.10.1-7) MM PS-9: Prior to the final building and zoning inspection for a hotel, the property owner/developer shall submit an emergency evacuation response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on emergency evacuation procedures and incorporate ongoing emergency evacuation training for hotel staff to the satisfaction of the Fire Department. (EIR No. 311, MM 3.6-5 and MM 3.6-6; SEIR No. 340, MM 5.5-4) MM PS-11: Prior to the placement of building materials on a building site, an all-weather fire access road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements noted in the Anaheim Municipal Code and in accordance with City of Anaheim Fire Department Standards. (SEIR No. 340, MM 5.12-13) MM PS-12: Prior to approval of building plans, the property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates A-132 shall be equipped with “knox box” devices as required and approved by the Fire Department. (SEIR No. 340, MM 5.12-14) MM PS-19: Prior to issuance of each building permit for parking structures, the Police Department shall review the safety measures incorporated into the building plans for the parking structures within the DisneylandForward Project Site to be submitted by the property owner/developer. The security measures shall include the following or other substitute security measures as may be approved by the Police Department: • Immediate access in priority criminal cases, where an urgent need or demand exists and time is of the essence. • Closed circuit television surveillance and recording equipment or other adequate security measures reviewed and approved by the Police Department. (EIR No. 311, MM 3.10.2-5; SEIR No. 340, MM 5.12-2) MM PS-20: Ongoing during operation of the Disneyland Resort, the property owner/developer shall continue to provide anti-gang, human trafficking, child exploitation and substance abuse educational programs which are currently provided for park security cast members. (EIR No. 311, MM 3.10.2-6) MM PS-22: Prior to issuance of each building permit for a hotel, the property owner/developer shall submit plans to the Police Department for review and approval by the Chief of Police, or their designee, for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (SEIR No. 340, MM 5.12-1) MM PS-23: Prior to issuance of each building permit for or including a parking lot and/or parking structure, the project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department and shall be subject to the review and approval of the Police Department. (SEIR No. 340, MM 5.12-4) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly addressed impacts related to emergency access. According to Section 2.4.2, Effects Found Not to be Significant, in SEIR No. 340, buildout of the ARSP would not result in a significant impact related to inadequate emergency access; a detailed analysis was not prepared. A-133 Project Specific Conclusion All Project access points and infrastructure improvements would be designed and developed in compliance with City standards from the Planning and Building, Public Works, and the Fire & Rescue Departments. All designated fire lanes would meet requirements and would be reviewed and approved by the Fire & Rescue Department prior to issuance of a building permit. The Project’s closure of Magic Way to public through traffic would not impede emergency access. Emergency vehicle access to uses within The Disneyland Resort would be maintained to the satisfaction of the City, including emergency vehicle access at Magic Way. Temporary construction activities are not expected to result in the full closure of any public streets and, thus, public routes for emergency response would be maintained during construction to the satisfaction of the City. As discussed in Section 5.13, Public Services, of the Draft Subsequent EIR, development of the Project would allow for future development of land uses in different locations and configurations within the Project Site, which has the potential to alter existing access routes. However, implementation of MM TRA-10 regarding use of Anaheim Police Department or Anaheim TMC personnel during construction and MM PS-3, MM PS-4, MM PS-6, MM PS-7, MM PS-9, MM PS-20, MM PS-11, MM PS-12, MM PS-19, MM PS-22, and MM PS-23 would address potential impacts related to emergency access, reducing potential impacts to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level.. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 5. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to transportation. (a) Findings As stated above, the Project would include VMT reduction measures such as right of way and in-lieu contributions for bicycle facilities, encouraging the use of transit options to reduce reliance on individual vehicles, developing alternative pedestrian infrastructure to encourage pedestrian use and reduce VMT, and providing overall improvements to existing roadway systems, parking and access. The Project also would implement traffic reduction measures and safety reduction measures such as providing a temporary traffic control services, submittal of a fire access plan and emergency evacuation plan to the Fire Department for review and approval prior to Project implementation, and provision of an all-weather fire access road to and on the construction site and for fire hydrants at all times, to ensure the Project would not result in cumulatively considerable transportation impacts. The following mitigation A-134 measures imposed upon the Project would mitigate cumulative impacts related to transportation to a less than significant level: MM TRA-1 through MM TRA-22, MM PS-3, MM PS-4, MM PS-6, MM PS-7, MM PS-9, MM PS-11, MM PS-12, MM PS-19, MM PS-20, MM PS-22, and MM PS-23 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would not result in significant cumulative impacts on intersections, street segments, freeways, or freeway ramps with implementation of mitigation. Additionally, EIR No. 311 identified a less than significant impact related to plan incompatibilities and a beneficial cumulative effect associated with transit services. According to SEIR No. 340, buildout of the ARSP would contribute to a significant and unavoidable cumulative impact related to operation of several area intersections, arterial roadways, and freeway ramps, mainlines and weaving areas. However, EIR No. 311 and SEIR No. 340 used an LOS analysis and not the VMT analysis now required by CEQA. Project Specific Conclusion In addition to potential Project-specific impacts, the Project must be reviewed in combination with nearby development projects to determine if there may be a cumulatively significant impact resulting from inconsistency with a particular program, plan, policy, or ordinance. There are a number of proposed, approved, or under- construction development projects within the Project area, most of which are hotels. Each of the other developments considered in this cumulative analysis of consistency with programs, plans, policies, and ordinances was, or would be, separately reviewed and approved by the City, including a check for their consistency with applicable policies. Considered cumulatively, the addition of new hotels within the ARSP provides more capacity for Disney theme park guests to stay within walking distance of The Disneyland Resort. Most of the hotels are on ATN routes that provide service directly to the East Esplanade. Therefore, the addition of new hotels and related amenities (i.e., in-hotel retail and restaurant space) within the Project area would help to reduce auto trips to and from The Disneyland Resort and Disney ARSP Properties, supporting many of the programs, plans, policies, and ordinances summarized above. The Project’s effect on cumulative conditions is limited because it does not substantially change land use or public facilities plans compared to the current DRSP and ARSP, as outlined in Threshold 5.14a. As discussed in Threshold 5.14b, the VMT analysis includes analysis of cumulative conditions, and determined the Project, with implementation of mitigation, would not create a cumulatively considerable impact. Further, the Project’s effect on traffic circulation including hazards and incompatible uses (Threshold 5.14c), and emergency access (Threshold 5.14d) is limited because, even with potential development of theme park space in the Theme Park Overlays, theme park guest parking would still be concentrated at the West Parking Area and East Parking Area, as in the current DRSP. Therefore, with implementation of mitigation measures, MM TRA-1 through MM TRA-22 and MM PS-3, MM PS-4, MM PS-6, A-135 MM PS-7, MM PS-9, MM PS-20, MM PS-11, MM PS-12, MM PS-19, MM PS-22, and MM PS-23, detailed above, the Project, together with nearby development projects, would not create inconsistencies nor result in cumulative impacts with respect to the identified programs, plans, policies, and ordinances. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impacts related to Transportation will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. Because neither EIR No. 311 nor SEIR No. 340 evaluated impacts related to VMT which is a key component in the analysis presented above, this impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340. N. TRIBAL CULTURAL RESOURCES (Threshold 5. 15) 1. Tribal Cultural Resources (Threshold 5.15b) This threshold analyzes whether the Project would cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. (a) Findings The Project would include a discovery protocol for the unanticipated discovery of archaeological resources and provide measures to ensure appropriate protection of tribal cultural resources and human remains discovered during construction. The following mitigation measures and standard requirements imposed upon the Project would mitigate impacts related to tribal cultural resources to a less than significant level: SR TCR-1 : Prior to approval of any amendment to the ARSP or the City of Anaheim General Plan, the project property owner/developer shall coordinate with the City Planning Department to undergo a solicitation of Native American consultation pursuant to Senate Bill (SB) 18 (California Government Code, Section 65352.3). (SEIR No 340, SR 5.4-2) MM TCR-1: Tribal Cultural Resources Monitoring. Prior to the issuance of any permits allowing ground-disturbing activities that cause excavation to depths greater than current foundations, the property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and A-136 Building Department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during construction-related ground disturbance activities and to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre-construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgment that if the tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that third party tribal monitoring is required during excavation and grading activities in accordance with the City-approved Agreement. Contact information for approved tribal monitor shall be provided by the contractor to the City inspector at the pre-construction meeting. SR CUL-1: Before and during construction, if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin, and disposition pursuant to California Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5 has occurred. (SEIR No 340, SR 5.4-1) MM CUL-1: Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre-grading conference in order to establish procedures for archaeological monitoring, as well as for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. Specific monitoring procedures will be established based on review of site specific conditions, including presence of native soils, anticipated construction activities, and nature of ground disturbance including depth of excavation. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered A-137 during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the Planning and Building Department within ninety days. (EIR No. 311, MM 3.13-1; SEIR No. 340, MM 5.4-1) (b) Findings of Fact Conclusions in Prior EIRs As previously discussed, neither EIR No. 311 nor SEIR No. 340 directly addressed impacts related to tribal cultural resources. Project Specific Conclusion Based on the South Environmental Development History Report for DisneylandForward, the HRG Report (Appendix D-2 of the Draft Subsequent EIR), the information available through the record searches at the SCCIC (Appendix D-3 of the Draft Subsequent EIR) and the NAHC, and the long-term past development and use of the Project Site for visitor-serving uses, there is no information available that indicates there are significant tribal resources on the Project Site that would be significant pursuant to criteria set forth in subdivision (c) of Public Resource Code Section 5024.1. However, pursuant to state law and SR TCR-1, the City of Anaheim notified the tribes that previously notified the City of a desire to be consulted with regarding projects on the Project Site. Based on coordination conducted prior to release of the Draft Subsequent EIR for public review on September 14, 2023, Native American representatives have not provided documentation indicating there are known cultural resources that are significant to a California Native American tribe on the Project Site. Notwithstanding the current lack of evidence of known resources on the Project Site, this portion of Orange County was inhabited by Native American tribes. Although there is no documentation from the SCCIC or the NAHC of archaeological resources important to Native Americans having been identified near the Project Site, there is always the possibility that undiscovered intact cultural resources, including tribal cultural resources, may be present below the surface in native sediments. To minimize the potential direct impacts, a mitigation measure has been included requiring Native American monitoring during earth-moving and grading activities at depths greater than current foundations. Implementation of mitigation measure MM CUL-1 would address unanticipated discovery of archaeological resources, and MM TCR-1 would provide for appropriate protection of tribal cultural resources that may be discovered during construction. Additionally, the Project would comply with SR CUL-1 regarding discovery of any human remains. Therefore, this impact would be less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. A-138 Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed tribal cultural resources. 2. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to tribal cultural resources. (a) Findings Despite the site-specific nature of cultural resources, the mitigation identified for use in the event that unknown or undocumented resources are discovered, standard mitigation measures and adherence to State requirements would reduce the potential for cumulative impacts, such as implementation of an archaeological and Native American tribal monitor, in addition to discovery protocols, which aim to protect tribal cultural resources during ground disturbing activities. The following mitigation measures and standard requirements imposed upon the Project would mitigate cumulative impacts related to Tribal Cultural Resources to a less than significant level: MM TCR-1, MM CUL-1, SR TCR-1 and SR CUL-1 (see above) (b) Findings of Fact Conclusions in Prior EIRs As previously discussed, neither EIR No. 311 nor SEIR No. 340 directly addressed impacts related to tribal cultural resources. Project Specific Conclusion Although tribal cultural resources are site-specific with regard to any given resource (e.g., resources of important cultural value to Native Americans), impacts may be considered cumulative simply because they relate to the loss of tribal cultural resources in general over time throughout the region. There are no tribal cultural resources listed or determined eligible for listing, on the national, State, or local register of historical resources on the Project Site. However, should buried resources be identified, ground disturbance within native sediment could lead to the accelerated degradation of previously unknown tribal cultural resources. Mitigation can reduce potential impacts to a less than significant level. As with the Project, testing and data recovery is standard practice in the City and is routinely required of projects prior to and during grading activities. Despite the site-specific nature of cultural resources, the mitigation identified for tribal cultural resources monitoring, standard mitigation measures and adherence to State requirements would reduce the potential for cumulative impacts. As a result, with implementation of MM TCR-1 and MM CUL-1, the Project would not have a cumulatively considerable contribution to a significant cumulative impact related to tribal cultural resources. For the reasons stated above and as discussed in the Draft A-139 Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340, neither of which addressed tribal cultural resources. O. UTILITIES AND SERVICE SYSTEMS (Threshold 5.16) 1. Water Facilities (Threshold 5.16-1) This impact analyzes whether the Project would require or result in the construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects. (a) Findings The Project would include implementation of water conservation measures, water audit for landscape irrigation systems, water supply planning coordination with the Public Utilities Department, use of pressure reducing valves, installation of water meter and backflow equipment, installation of separate landscape water meters, installation of water supply system improvements and landscape irrigation systems designed to minimize surface runoff and overwatering to reduce impacts on water facilities. The following mitigation measures imposed upon the Project would mitigate impacts related to water facilities to a less than significant level: MM UTIL-1: Prior to issuance of building permits, among the water conservation measures to be shown on plans and implemented by the property owner/developer within the Specific Plan area include the following: • Use of low-flow sprinkler heads in irrigation system. • Use of waterway re-circulation systems. • Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self-closing valves on drinking fountains. • Use of reclaimed water for irrigation and washdown when it becomes available. • Continuation of the existing cooling tower recirculation system. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Low-flow shower heads in hotels. • Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances. A-140 • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water-conserving landscape plant materials wherever feasible. • Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas. (EIR No. 311, MM 3.10.6-2; SEIR No. 340, MM 5.15-1) MM UTIL-2: Prior to each final building and zoning inspection, the property owner/developer shall submit a certified water audit for landscape irrigation systems except for areas within the Theme Parks. (EIR No. 311, MM 3.10.6-3) MM UTIL-3: Prior to issuance of each building permit, all water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. (SEIR No. 340, MM 5.15-2) MM UTIL-4: Prior to issuance of each building permit, water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner/developer’s service. (SEIR No. 340, MM 5.15-3) MM UTIL-5: Prior to issuance of building permits, plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the building permit plans. (SEIR No. 340, MM 5.15-5) MM UTIL-6: Prior to final building and zoning inspections, a separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 1,000 square feet for non-residential uses in accordance with Ordinance No. 6160. (SEIR No. 340, MM 5.15-7) MM UTIL-7: Ongoing during project development and operations, the property owner/developer shall implement the following required improvements to the water supply system, in accordance with Anaheim’s Water Rates, Rules and Regulations, Water Services Administrative Procedures and Design Guidelines (APDG), and Water Services Standard Specifications (WSSS), within the timeframes described below or as further determined by the Public Utilities Department, Water Engineering Division. A-141 The cost of all Main Extensions, Main Enlargements, abandonments, relocations, and easements documents shall be paid for by the property owner/developer of the properties served by these mains in accordance with Rule 15A. • In the Theme Park District, west of Disneyland Drive, all new fire water connections, including but not limited to, those that would serve, private fire hydrants, in The Disneyland Resort shall be made to water mains served by the 335 Pressure Zone. Specifically, no new fire water connections are permissible on existing water mains in Walnut Street or Magic Way. Any new fire connections for buildings adjacent to these mains shall connect to the 20-inch water main in Disneyland Drive. • The Southeast District shall be served by at least two points of connection with internal looping. o Any new water service connections along Harbor Boulevard shall require the construction of a 12-inch water main from Convention Way intersection to a point approximately 400-ft north of the intersection. o Any new connection to the existing water main in Clementine Street, north of Orangewood Avenue, shall require replacement of the existing 8-inch water main with a new 12-inch water main. • Abandon the existing 12-inch water main within the Esplanade between Harbor Boulevard and Disneyland Drive. This work shall be completed concurrently with any proposed improvements along Disneyland Drive or Harbor Boulevard. • New easements may be required where public water infrastructure are located within private property through abandonment(s) of a public right-of-way. Such easements shall limit improvements that impact access for operation and maintenance of existing facilities. Alternatively, the property owner/developer may abandon and/or relocate existing public water infrastructure provided the property owner/developer prepares an analysis to determine any associated and appropriate improvements due to the work. The property owner/developer shall submit the analysis and any associated improvement plans to the Public Utilities Department, Water Engineering Division for review and approval. • Prior to issuance of building permits, the property owner/developer shall submit hydraulic analyses to determine the adequacy of existing and proposed facilities if required by the Public Utilities Department, Water Engineering Division. MM HWQ-2: Prior to issuance of each building permit, the property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an A-142 irrigation system designed to minimize surface runoff and overwatering. Additionally: d. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit plans in accordance with Anaheim’s Landscape Water Efficiency Ordinance and Guidelines including: 1. Project Information 2. Maximum Applied Water Use expresses as annual totals. 3. Soil management report or specifications. 4. Landscape design plan. 5. Irrigation design plan. 6. Grading design plan. e. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. f. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the Estimated Applied Water Use (EAWU) to be less than the Maximum Applied Water Allowance (MAWA) or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. (EIR No. 311, MM 3.7-3; SEIR No. 340, MM 5.15-4) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 determined that water demand associated with The Disneyland Resort would exceed the capacity of the existing water system; implementation of identified project design features and mitigation measures related to improvements to the water system and water conservation measures would reduce impacts on the water supply system to less than significant. According to SEIR No. 340, water demand associated with buildout of the ARSP would exceed capacities of existing water facilities, but implementation of proposed mitigation measures would reduce impacts to less than significant. A-143 Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, is currently served by an existing water system that is owned and maintained by the City of Anaheim. Disney has constructed all requested improvements related to development of The Disneyland Resort, and this infrastructure would be protected in place during future development associated with the Project. No additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed within the Project Site as part of this Project. Because no additional development is proposed, no new demand is anticipated. Future development related to the Project would require on-site construction of new, relocated, or expanded water mains to serve development. The Project would implement mitigation measures to reduce impacts on water facilities, including the following: MM UTIL-1 (implementation of water conservation measures), MM UTIL-2 (water audit for landscape irrigation systems), MM UTIL-3 (water supply planning coordination with the Public Utilities Department), MM UTIL-4 (use of pressure reducing valves), MM UTIL-5 (installation of water meter and backflow equipment), MM UTIL-6 (installation of separate landscape water meters), MM UTIL-7 (installation of water supply system improvements), and MM HWQ-2 (landscape irrigation systems designed to minimize surface runoff and overwatering). For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Wastewater Facilities (Threshold 5.16-1) This threshold analyzes whether the Project would require or result in the construction of new or expanded wastewater facilities, the construction or relocation of which could cause significant environmental effects. (a) Findings The Project would establish requirements for project-specific sewer preparation and construction upgrades or payment of applicable sewer impact fees to ensure the Project would not result in a significant wastewater facility impact. The following mitigation measures imposed upon the Project would mitigate impacts related to wastewater facilities to a less than significant level: MM UTIL-8: Prior to issuance of any Building Permit for any new hotel development within the Theme Park District that proposes a portion or the entirety of the hotel project’s sewer flow to discharge to the City sewer system on Harbor Boulevard, north of Katella Avenue, the property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether there is adequate capacity in the Harbor A-144 Boulevard sewer system to accept the flow from the proposed new hotel use. The Sewer Study shall determine whether the proposed hotel project would create a deficiency in the Harbor Boulevard sewer system or the downstream City sewer system. If the Sewer Study shows there would be deficiency in the Harbor Boulevard sewer system or the downstream sewer system, the Sewer Study shall identify the required sewer system upgrades. If a sewer system upgrade is required, the property owner/developer shall be responsible for the design and construction of the upgrade to the sewer system and all associated improvements [collectively, “Sewer Improvements”]. The City-identified and approved cost of the Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the related sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project and the sewer improvement plans shall identify all associated improvements required for the required Sewer Improvements. Construction of Sewer Improvements shall be completed prior to final building and zoning inspections for the hotel. If no sewer system upgrade is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085, with applicable credits applied for sewer flows from existing uses to be removed. MM UTIL-9: Prior to issuance of a plumbing permit resulting in a cumulative flow of more than 50 gpm peak in the Theme Park District resulting in redirected existing sewer flows that currently do not flow to Harbor Boulevard to instead flow to Harbor Boulevard via non-gravity flow (e.g. lift station, force main, ejector pump, etc.), the property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether there is adequate capacity in the Harbor Boulevard sewer system to accept the proposed redirected flow. The Sewer Study shall determine whether the proposed redirected flow would create a deficiency in the Harbor Boulevard sewer system or the downstream City sewer system. If the Sewer Study shows there would be deficiency in the Harbor Boulevard sewer system or the downstream sewer system, the Sewer Study shall identify the required sewer system upgrades. If a sewer system upgrade is required, the property owner/developer shall be responsible for the design and construction of the upgrade to the sewer system and all associated improvements [collectively, “Sewer Improvements”]. The City-identified and approved cost of the Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the related sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project and the sewer improvement plans shall identify all associated improvements required for the required Sewer Improvements. Construction of Sewer Improvements shall be completed prior to final building and zoning inspections for the hotel. If no sewer system upgrade is required, the developer shall be required to pay the A-145 applicable sewer impact fees, pursuant to A.M.C. 10.12.085, with applicable credits applied for sewer flows from existing uses to be removed. MM UTIL-10: Prior to issuance of the first building permit for development of over 10,000 sf in the Southeast District or Theme Park East Overlay, the property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether the total sewer flow proposed to the Katella Avenue sewer system, east of Harbor Boulevard, for development authorized by the DisneylandForward project for the Theme Park East Overlay/Southeast District does not exceed a peak flow of 285 gpm. And that the total sewer flow proposed to be directed to the Harbor Boulevard sewer system, south of Katella Avenue, for development authorized by the DisneylandForward project for the Theme Park East Overlay/Southeast District does not exceed a peak flow of 2,000 gpm (total allowable development within Theme Park East Overlay/Southeast District). If the projected sewer effluent flow exceeds these stipulated amounts for either the Katella Avenue or Harbor Boulevard sewer system, the Sewer Study shall determine whether the development project creates a deficiency in the Katella Avenue sewer system, east of Harbor Boulevard, or the Harbor Boulevard sewer system, south of Katella Avenue, sewer collections systems and the downstream City sewer system. Should a deficiency be created, the Sewer Study shall identify the required sewer system upgrades and improvements (“Sewer Improvements”). If Sewer Improvements are required, the property owner/developer shall be responsible for the design and construction of the Sewer Improvements. The City-identified and approved cost of the sewer improvements may be credited toward the applicable sewer impact fees for the development project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the sewer improvement plans shall be completed prior to issuance of any Building Permit for development in the Theme Park East Overlay/Southeast District and shall identify all associated improvements required for the required Sewer Improvements. Construction of Sewer Improvements shall be completed prior to the first final building and zoning inspection for development within the Theme Park East Overlay/Southeast District. If no improvement is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085. MM UTIL-11: Prior to issuance of any Building Permit for any new hotel development within the Parking Overlay (between Harbor Boulevard and Manchester Avenue), the property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate the sewer flow from the hotel(s) directed to Clementine Street and ultimately Katella Avenue. Sewer improvements required to address deficiencies in the sewer systems in Clementine Street and/or Katella Avenue, east of Harbor Boulevard, shall be the sole responsibility of the property owner/developer (“Clementine and Katella Sewer Improvements”). Should a deficiency be created, the Sewer A-146 Study shall identify the required sewer system upgrades and improvements. If a sewer system upgrade is required, the property owner/developer shall be responsible for the design and construction of the Clementine and Katella Sewer Improvements and all associated improvements. The City-identified cost of the Clementine and Katella Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project(s) upon completion of the Sewer Improvements and acceptance by the City. The design of the Clementine and Katella Sewer Improvements and the sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project(s) and identify all associated improvements required for the required for the Sewer Improvements. Construction of sewer improvements shall be completed prior to issuance of the first certificate of occupancy for the first hotel development. If no improvement is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085. (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, projected wastewater (also referred to as sewer) flows from The Disneyland Resort would exceed available capacity; however, the proposed improvements to the system would accommodate the project and a significant impact would not occur. According to SEIR No. 340, build out of the ARSP would increase sewage flows in existing sewer lines and trunks serving the area, resulting in several sewer lines becoming deficient. Implementation of mitigation would reduce potential impacts to less than significant levels. Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, is currently served by an existing sewer system that is owned and maintained by the City of Anaheim. Disney has constructed all requested improvements related to development of The Disneyland Resort, and this infrastructure would be protected in place during future development associated with the Project. The Project would allow Disney to move previously approved uses to other Disney Properties governed by the DRSP and ARSP. In order to provide a full analysis of the DisneylandForward Project and capture the Project’s proposed flexibility in future development, the Sewer Study analyzed two potential development scenarios both tributary to the Katella sewer system. Scenario 1, Current Approved Disney Full Buildout, represents development of uses under current entitlements, which represents the worst case for the Katella North pipeline. Using the adjusted flow factors, Scenario 1 identified a sewer flow increase of 2.69 mgd or 1,865 gallons per minute (gpm). Scenario 2, DisneylandForward Full Buildout, represents DisneylandForward buildout in which maximum development is placed in the Southeast District and Theme Park East Overlay. This scenario represents the worst case for the Katella South pipeline. Using the adjusted flow factors, Scenario 2 identified a sewer flow increase of 2.784 mgd or 1,934 gpm. For either Scenario, the Sewer Study identified segments along Katella Avenue west of Harbor Boulevard to A-147 9th Street with a greater than 0.75 d/D ratio and necessitating sewer improvements to accommodate the increase in flow for buildout of the Project. MM UTIL-8 through MM UTIL-11 establish requirements for project-specific sewer study preparation and construction of upgrades or payment of applicable sewer impact fees, pursuant to A.M.C. 10.12.085. Implementation of these mitigation measures in addition to compliance with the terms identified in the Development Agreement related to cost sharing for future improvements would reduce impacts to sewer system capacity to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 3. Stormwater Facilities (Threshold 5.16-1) This threshold analyzes whether the Project would require or result in the construction of new or expanded stormwater facilities, the construction or relocation of which could cause significant environmental effects. (a) Findings The Project would include engineering plans as well as drainage studies and Preliminary Water Quality Management Plans, specifying methods to convey, retain, and treat storm water, which would ensure that storm water runoff from the Project Site would not exceed the capacity of downstream drainage systems. In addition, the Project would include payment of all site-specific drainage fees, payment of the City’s Master Plan of Storm Drains and related Infrastructure Improvement Fees, and incorporating stormwater runoff mitigation measures in building plans to ensure stormwater impacts would be less than significant. The following mitigation measures and standard requirements imposed upon the Project would mitigate impacts related to stormwater facilities to a less than significant level: SR HWQ -1: Development projects that will result in soil disturbance of one (1) or more acres of land shall comply with the State’s Construction General Permit by filing a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) and implementing a Storm Water Pollution Prevention Plan (SWPPP). Prior to the issuance of preliminary or precise grading permits, the property owner/developer shall provide the City Engineer with evidence that an NOI has been filed with the SWRCB by providing a copy of the NOI invoice and the assigned Waste Discharger Identification (WDID) No. for the project. The SWPPP shall include Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels and shall prohibit during the construction period discharges of storm water or non-storm water at levels which would cause or contribute to an A-148 exceedance of applicable water quality standards contained in the Basin Plan. The BMPs shall address erosion control, sediment control, wind erosion control, tracking control, non-storm water management and waste management and materials pollution control during all phases of construction, including a sampling and analysis plan for sediment and non- visible storm water pollutants. The property owner/developer shall be responsible for proper implementation of the SWPPP. (SEIR No. 340, SR 5.8-1) SR HWQ -2: Prior to issuance of the precise grading permit, the property owner/developer shall prepare Water Quality Management Plans (WQMPs) for review and approval by the Public Works, Development Services. The WQMP shall identify permanent site design, source control and treatment control Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. The WQMP shall also describe the long-term operation and maintenance requirements for the treatment control BMPs and the mechanism for funding the BMPs. The WQMP shall be recorded against the property to ensure long-term compliance. (SEIR No. 340, SR 5.8-2) SR HWQ-3: Prior to issuance of the first building permit for Disney ARSP Properties, the property owner/developer shall pay the Storm Drain Impact Fees which would go toward future storm drain improvements within The Anaheim Resort area and South Central City area. (SEIR No. 340, SR 5.8 3) SR HWQ-4: Ongoing during Project construction and operations, Chapter 10.09 of the Anaheim Municipal Code is the City’s NPDES Ordinance, which provides regulations to comply with the CWA, the California Porter-Cologne Water Quality Control Act, and the City’s NPDES permit. This ordinance prohibits the discharge of specific pollutants into the storm water; regulates illicit connections to the storm drain system; requires development projects to implement permanent BMPs on individual sites to reduce pollutants in the storm water; and requires local discharge permits for non-storm water discharges into the storm drain system. (SEIR No. 340, SR 5.8-4) MM UTIL-12: Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first, the property owner/developer shall participate in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer’s responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to A-149 provide storm drainage facilities in 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney’s office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (MM 3.11.8-2 and PDF 3.10.8-1; SEIR No. 340, MM 5.18-1) MM UTIL-13: Prior to the issuance of building permits, the City shall require that building plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. (SEIR No. 340, MM 5.18-3) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would result in an increase in storm water runoff due to an increase in impervious surface area, which would exceed available storm drain capacities. However, the proposed improvements to the system would accommodate the project and a significant impact would not occur. According to SEIR No. 340, buildout of the ARSP may worsen several existing deficiencies within the City’s storm drain system, resulting in significant impacts. However, the property owner/developer for each future development project would be required to participate in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies. A-150 Additionally, implementation of the proposed mitigation would ensure that impacts to regional flood control facilities would be reduced to less than significant levels. Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, is currently served by an existing storm drain system that is owned and maintained by the City of Anaheim. Disney has constructed all requested improvements related to development of The Disneyland Resort, and this infrastructure would be protected in place during future development associated with the Project. The Disneyland Resort has successfully implemented various initiatives that go beyond compliance with federal, State and local environmental rules and regulations. Specifically, Disney worked with the Orange County Water District (OCWD) to develop a process for storing water instead of releasing it to the ocean through storm drains. Additionally, because all required improvements have been constructed to serve The Disneyland Resort as analyzed in EIR No. 311 and the Disney ARSP Properties as analyzed in SEIR No. 340, upgrades to the existing infrastructure system are not anticipated, and would not be required to implement the Project. However, although the overall amount of future development associated with the Project would remain unchanged, the Project has the potential to increase impervious surfaces within different areas of the Project Site, which could increase runoff volumes and rates to certain facilities. The City requires that individual developments provide engineering plans as well as drainage studies and Preliminary Water Quality Management Plans, as required by SR HWQ-1, SR HWQ-2 and SR HWQ-4, specifying methods to convey, retain, and treat storm water, which would ensure that storm water runoff from the Project Site would not exceed the capacity of downstream drainage systems. As required by SR HWQ-3, Disney is responsible for payment of all required fees associated with funding of storm drain improvements including construction of necessary improvements to the off-site storm drain system. Therefore, with implementation of site-specific storm drain improvements the Project would not result in impacts related to deficiencies in the off-site storm drainage system serving the Project Site and preventing localized flooding. Any on-site storm drain would be designed and constructed to the satisfaction of the City Engineer). The Project would implement mitigation measures to reduce impacts on storm water facilities, including the following: MM UTIL-12 (payment of the City’s Master Plan of Storm Drains and related Infrastructure Improvement Fee) and MM UTIL-13 (incorporating stormwater runoff mitigation measures in building plans). Impacts would be less than significant, and no mitigation would be required. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. A-151 4. Electricity Facilities (Threshold 5.16-1) This threshold analyzes whether the Project would require or result in the construction of new or expanded electricity facilities, the construction or relocation of which could cause significant environmental effects. (a) Findings The Project would include compliance with related energy requirements, implementation of energy-saving measures, tied renewable energy generation measures, providing forecasted electricity demand to City and payment of City fees to ensure electricity impacts would be less than significant The following mitigation measures and standard requirements imposed upon the Project would mitigate impacts related to electricity facilities to a less than significant level: MM UTIL-14: Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection, in order to conserve energy, the Disneyland Resort shall comply with the California Energy Code (Title 10), which may include the following: • Consultation with the City energy-conservation experts at the Anaheim Public Utilities Community and Sustainability Division for assistance with energy-conservation design features. • Use of high-efficiency air conditioning systems, connected if feasible to a computerized central energy management system, and meeting all control, scheduling and load efficiency requirements of the California Energy Code (Title 24, Building Efficiency Standards). • Use of electric high-efficiency (NEMA) motors intended to conserve energy. • While recognizing the unique lighting apparatus required for some theme park uses, use of motion sensing lightswitch devices and light-emitting diode (LED) energy-efficiency lighting fixtures for indoor and outdoor lighting when feasible, T8 lamps, metal hallide and/or high-pressure sodium (HID) lamps. • Incorporation of electric vehicle chargers into parking structures. (EIR No. 311, PDF 3.10.9-2; SEIR No. 340, MM 5.17-1) MM UTIL-15: Prior to issuance of a building permit, if the property owner/developer incorporates grid-tied renewable energy generation systems into the project, they shall comply with the Anaheim Public Utilities Department’s most recent Interconnection Guidelines. (SEIR No. 340, MM 5.17-4) MM UTIL-16: Two to five years prior to energizing new switching stations, the property owner/developer shall provide Anaheim Public Utilities Department electrical engineering staff with its forecasted electric demand and schedules to allow for sufficient lead time for planning, design, A-152 engineering, materials procurement, and construction of new electrical facilities, if required, to accommodate the Project’s additional or modified electrical demand. Forecasts must be at least two to five years: e.g., two years for the construction of up to two line extensions and five years for the construction of three line extensions or a new substation. MM ENE-2: Prior to submittal of plans for electrical system improvements, any new system improvements (e.g., substation, line connections), if required, shall be constructed in accordance with the City’s Electric Rates, Rules and Regulations and Electrical Specifications. Electrical Service Fees and other applicable fees will be assessed in accordance with the then current Electric Rates, Rules and Regulations and Electrical Specifications. (EIR No. 311, MM 3.10.9-3; SEIR No. 340, MM5.17-2) SR UTIL-2: Prior to issuance of building permits, the property owner/developer shall provide evidence to the Planning Director/Planning Services Manager that all sewage and wastewater disposal into the sewer system shall comply with OCSD’s Wastewater Discharge Regulations, including the procurement of the necessary permits by food service establishments that would be developed in the ARSP area. (SEIR No. 340, SR 5.16-1) SR UTIL-3: Prior to issuance of building permits, the property owner/developer shall provide proof of payment to the Planning Director/Planning Services Manager for a sanitary sewer service charge to OCSD. (SEIR No. 340, SR 5.16-2) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort Project would increase demand for electricity, requiring improvements to existing electrical facilities, including a new electrical substation. Additionally, the project required relocation of transmission lines. EIR No. 311 found that implementation of project design features and mitigation measures would result in a less than significant impact. According to SEIR No. 340, build out of the ARSP and expansion of the Convention Center would result in increased demand for electricity. Compliance with the standard requirements and implementation of the proposed mitigation measures would reduce anticipated demand through conservation efforts. It was expected that the existing electrical distribution system and future planned improvements would adequately accommodate the anticipated demand, thus resulting in a less than significant impact with mitigation. Project Specific Conclusion The Project would allow Disney to move previously approved theme park, hotel, parking and other uses to other Disney Properties governed by the DRSP and ARSP; no additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed as part of this Project. Because no additional A-153 development is proposed and with implementation of the initiatives and commitment to reaching the sustainability and energy efficiency goals discussed below, no new change to the overall expected electricity demand is anticipated. However, the Project would result in increased electricity demand on several Disney Properties that are currently operated as surface parking lots. The Project would increase electricity demand in the Theme Park District west of Disneyland Drive, the Southeast District, the Theme Park West Overlay, the Theme Park East Overlay, and the Parking Overlays if developed with Project uses. Project demand for electricity for operation of the remaining entitlements under The Disneyland Resort Project and the ARSP Project for the Disney Properties would be 402,005,865 kWh/yr. The information provided by Disney reflects the increased demand for electricity for theme park attractions, which today include more computerized animation than in 1993, when the City certified EIR No. 311, as well as the increased electric energy efficiency incorporated into theme park and Resort operations since 1993. Construction activities associated with these facilities would be within the physical impact area identified for the Project and evaluated throughout this Draft Subsequent EIR. All required switching stations, line extensions and service connections would be conducted in compliance with the City’s Electric Rates, Rules and Regulations. No additional impacts associated with construction of on-site transmission lines or connections to existing facilities would occur. Additionally, The Disneyland Resort has successfully implemented various initiatives that go beyond compliance with federal, State and local environmental rules and regulations. With compliance with the standard requirements SR UTIL-2 and SR UTIL-3 requiring compliance with Title 24 standards and California Green Building Standards, it is expected that the existing electrical distribution system and future planned improvements would adequately accommodate the anticipated demand. The Project also would implement mitigation measures to reduce impacts on electricity, including the following: MM UTIL-14 (implementation of energy-saving measures), MM UTIL-15 (grid-tied renewable energy generation measures), MM UTIL-26 (providing forecasted electricity demand to City); and MM ENE-2 (payment of City fees). With compliance with the standard requirements and mitigation measures, the Project’s impact would be less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 5. Natural Gas Facilities (Threshold 5.16-1) This threshold analyzes whether the Project would require or result in the construction of new or expanded natural gas facilities, the construction or relocation of which could cause significant environmental effects. A-154 (a) Findings The Project would include implementation of natural gas demand reduction measures to demonstrate energy efficiency and compliance with State Energy Conservation standards to assist in selection of the most energy-efficient water heaters and furnace, and ensure impacts related to natural gas would be less than significant. The following mitigation measures imposed upon the Project would mitigate impacts related to natural gas facilities to a less than significant level: MM ENE-1: Prior to issuance of each building permit, the property owner/developer shall submit plans and calculations to demonstrate that the energy efficiency of each building will exceed the Title 24, Part 6, Building Energy Efficiency Standards current at the time of application by at least 10 percent. (EIR No. 311, MM 3.10.9-2 and MM 3.10.10-1; SEIR No. 340, SR 5.17-1 and MM 5.17-3) MM ENE-3: Prior to approval of each final building and zoning inspection, the Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy-efficient water heaters and furnaces. The property owner/developer shall implement a program, as required, to reduce the demand on natural gas supplies. (EIR No. 311, MM 3.10.10-2) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would increase demand for natural gas, requiring improvements to existing SCG system and no significant impacts were identified. According to SEIR No. 340, no impact would occur related to provision of natural gas service to future projects within the ARSP area. Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, are currently served by existing natural gas infrastructure that is owned and maintained by Southern California Gas Company (SCGC), and this infrastructure would be protected in place during future development associated with the Project. No additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed as part of this Project. Because no additional development is proposed, no new demand is anticipated. Additionally, because all required improvements have been constructed to serve The Disneyland Resort as analyzed in EIR No. 311 and the Disney ARSP Properties as analyzed in SEIR No. 340, upgrades to the existing infrastructure system are not anticipated, and would not be required to implement the Project. The service would be provided in accordance with the SCGC’s policies and extension rules on file with the California Public Utilities Commission. The Project also would implement mitigation measures to reduce impacts on electricity, including MM ENE-3 (implementation of natural gas demand reduction measures) and MM ENE-1 (compliance with State Energy Conservation standards). Therefore, the Project would have a less than significant impact with mitigation. For the reasons stated above and as A-155 discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be new when compared with the impact analysis in SEIR No. 340. 6. Telecommunication Facilities (Threshold 5.16-1) This threshold analyzes whether the Project would require or result in the construction of new or expanded telecommunications facilities, the construction or relocation of which could cause significant environmental effects. (a) Findings The Project would include installation of a signal booster or relay system on the roof of the tallest project building to restore broadcast television reception to its original condition if the City of Anaheim determines that the proposed project would create a significant impact on broadcast television reception at local residences to ensure less than significant impacts related to telecommunications. The following mitigation measure imposed upon the Project would mitigate impacts related to telecommunications facilities to a less than significant level: MM UTIL-22: Ongoing during project operation, if the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, the property owner/developer shall install a signal booster or relay system on the roof of the tallest project building to restore broadcast television reception to its original condition as soon as practicable. (EIR No. 311, MM 3.10.12-1) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would increase demand for telephone and fiber optics service; however, any upgrading would be provided by the service providers; no significant impacts were identified. According to SEIR No. 340, no impact would occur related to provision of telephone service to future projects within the ARSP area. Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, is currently served by existing telephone, digital cable, and high-speed internet infrastructure, and this infrastructure would be protected in place during future development associated with the Project. No additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed as part of this A-156 Project. No additional development is proposed beyond what was evaluated in EIR No. 311 for The Disneyland Resort and SEIR No. 340 for the Disney ARSP Properties. Facilities needed to connect the Project to the existing telecommunications systems may include new conduit, fiber and copper facilities. Anaheim Fire uses the Emergency Radio Response Communication (ERRC) System throughout the Project Site to establish and enhance radio communications for emergency communication. As future development associated with the DisneylandForward Project occurs, new buildings and structures may shadow existing ERRC structures, potentially disrupting the ERRC system. Implementation of MM UTIL-22 installation of a signal booster or relay system on the roof of the tallest project building to restore broadcast television reception to its original condition if the City of Anaheim determines that the proposed project would create a significant impact on broadcast television reception at local residences. These improvements would be implemented in accordance with applicable State and local regulations. Therefore, the impact related to additional demand for telecommunications facilities would be reduced to less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analysis in EIR No. 311. This impact would be new when compared with the impact analysis in SEIR No. 340. 7. Sufficient Water Supplies (Threshold 5.16-2) This threshold analyzes whether the Project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years. (a) Findings The Project would require compliance with applicable regulations such as the City’s Water Conservation Ordinance, implementation of water conservation measures, water audit for landscape irrigation systems, water supply planning coordination with the Public Utilities Department, use of pressure reducing valves, installation of water meter and backflow equipment and installation of separate landscape water meters to reduce water usage related to the Project and ensure less than significant water supply impacts. The following mitigation measures and standard requirement imposed upon the Project would mitigate impacts related to sufficient water supplies to a less than significant level: MM UTIL-1 through MM UTIL-6 (see above) SR UTIL-1: Prior to the issue of each building permit, the property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in A-157 accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. (SEIR No. 340, SR 5.15-1) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, it was determined that water demand associated with The Disneyland Resort would increase and require improvements to the existing water system, resulting in a significant impact. Implementation of identified project design features and mitigation measures related to improvements to the water system, including new wells and/or additional MWD connections, and water conservation measures would reduce impacts on the water supply system to levels not considered significant. According to SEIR No. 340, water demand associated with buildout of the ARSP would be accommodated through existing and projected supplies. Impacts would be less than significant; however, implementation of the proposed mitigation measures would ensure water conservation measures are incorporated into the design and into each phase of the proposed development to ensure that water supplies remain reliable into the future. Project Specific Conclusion Unit water use factors were developed to estimate water demand for future Project development based on the FY 2019 consumption by use type and existing development per Project phasing, as detailed further in Table 5.16-7 and 5.16-8 in the Draft Subsequent EIR. City water demands were developed and projected in the City’s 2020 UWMP. The City’s total water use in FY 2020 was 56,912 AF, an 8.3 percent decrease from FY 2015 water use reported in the previous 2015 UWMP. The demand for the Project area existing land use (2,656 AFY) was included in the 2020 UWMP reported and projected water demand estimates. The net new water demand for the Project of 3,826 AFY was also assumed to be included in the 2020 UWMP demand forecast as previously approved development as part of the DRSP and ARSP. Other proposed development within the City was evaluated in the WSA to confirm that sufficient growth was accounted for in the UWMP for the combined development. Based on this analysis, the City water demand as estimated in the 2020 UWMP included sufficient increased demand to account for the combined proposed development in the Project area and other areas within the City. The demand increase from the Project in FY 2045 is projected to be 6.0 percent of the total demand estimated for the City. The City is projected to have sufficient imported and groundwater supplies to meet normal year, single-dry year, and multiple-dry year conditions. Estimated buildout water supply requirement for the Project is projected to be 4,012 AFY. This is approximately 6.0 percent of the total City supply requirement estimated for FY 2045 in the City’s 2020 UWMP. Based on the findings of the WSA and with Project compliance with SR UTIL-1 and continued implementation of these initiatives, the Project would comply the City’s Water Conservation Ordinance and impacts related to water supply would be less than A-158 significant. Therefore, the City is projected to have sufficient imported and groundwater supplies to meet normal year, single-dry year, and multiple-dry year conditions including new Project demands and new demands from other planned development within the planning period because: (1) Metropolitan has projected supply surpluses for each of these conditions and (2) the City can increase groundwater production consistent with their available well capacity, if needed. The Project would implement mitigation measures to reduce potential impacts on water supply, including: MM UTIL-1 (implementation of water conservation measures), MM UTIL-2 (water audit for landscape irrigation systems), MM UTIL-3 (water supply planning coordination with the Public Utilities Department), MM UTIL-4 (use of pressure reducing valves), MM UTIL-5 (installation of water meter and backflow equipment), and MM UTIL-6 (installation of separate landscape water meters). As a result, impacts related to water facilities would be less than significant with mitigation. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 8. Wastewater Treatment Capacity (Threshold 5.16-3) This threshold analyzes whether the Project would result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. (a) Findings The Project would require compliance with the OCSD wastewater discharge requirements and payment of all applicable fees related to sanitary sewer and capital facilities connections to OCSD, in addition to payment of applicable fees and construction of improvements to wastewater treatment facilities to ensure adequate capacity in sewer pipelines serving the Project site. The following mitigation measures and standard requirements imposed upon the Project would mitigate impacts related to wastewater treatment capacity to a less than significant level: MM UTIL-8 and MM UTIL-11 (see above) SR UTIL-2: Prior to issuance of building permits, the property owner/developer shall provide evidence to the Planning Director/Planning Services Manager that all sewage and wastewater disposal into the sewer system shall comply with OCSD’s Wastewater Discharge Regulations, including the procurement of the necessary permits by food service establishments that would be developed in the ARSP area. (SEIR No. 340, SR 5.16-1) A-159 SR UTIL-3: Prior to issuance of building permits, the property owner/developer shall provide proof of payment to the Planning Director/Planning Services Manager for a sanitary sewer service charge to OCSD. (SEIR No. 340, SR 5.16-2) SR UTIL-4: Prior to issuance of building permits, the property owner/developer shall provide proof of payment to the Planning & Building Director or their designee for a capital facilities connection charge to OCSD. (SEIR No. 340, SR 5.16-3) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311 and SEIR No. 340, although the project would increase wastewater (sewer) flows, it was determined that County Sanitation Districts of Orange County would have adequate treatment plant capacity to serve The Disneyland Resort Project as well as development of the Disney-owned properties in the ARSP. EIR No. 311 identified a less than significant impact. According to SEIR No. 340, adherence to standard requirements would ensure payment of required fees. SEIR No. 340 identified a less than significant impact with mitigation. Project Specific Conclusion The Project would allow Disney to move previously approved uses to other Disney Properties governed by the DRSP and ARSP; no additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed as part of the Project. Although the overall amount of future development associated with the Project would remain unchanged, the Project has the potential to increase wastewater flows in different areas of the Project Site, resulting in a potentially significant impact related to regional sewer capacity. However, the Project would be required to comply with SR UTIL-2, SR UTIL-3, and SR UTIL-4 requiring compliance with OCSD wastewater discharge requirements and payment of all applicable fees related to sanitary sewer and capital facilities connections to OCSD. Therefore, Disney would be responsible for payment of all required fees associated with funding utility improvements, including fees related to the construction of improvements to the wastewater treatment facilities. The Project would also be required to implement MM UTIL-8 through MM UTIL-11 to ensure adequate capacity in sewer pipelines serving the Project Site. Therefore, with payment of all required fees and implementation of mitigation, impacts related to wastewater treatment facilities would be reduced to less than significant. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be new when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. A-160 9. Solid Waste (Threshold 5.16-4) This threshold analyzes whether the Project would generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. (a) Findings The Project would include implementation of solid waste minimization measures, showing trash and recyclable receptacles on plans, installing trash and recyclable receptacles and annual reports to the City to reduce solid waste entering the landfill system and to ensure less than significant impacts pertaining to solid waste. The following mitigation measures imposed upon the Project would mitigate impacts related to solid waste to a less than significant level: MM UTIL-17 through MM UTIL-20 and MM UTIL-22 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would increase the amount of solid waste generated and, because of limited landfill capacity, the impact related to solid waste generation in excess of standards and capacity was identified as significant and unavoidable. According to SEIR No. 340, no significant impact would occur related to provision of solid waste service to future projects within the ARSP area; however, implementation of the proposed mitigation would further ensure that adequate solid waste services are provided and that solid waste generation would be minimized. Project Specific Conclusion The Project Site, including The Disneyland Resort and Disney ARSP Properties, is currently served by landfill facilities that are owned and maintained by OC Waste and Recycling. The Disneyland Resort has successfully implemented various initiatives that go beyond compliance with federal, State and local environmental rules and regulations. The Project would allow Disney to move previously approved uses to other Disney Properties governed by the DRSP and ARSP; no additional square footage for theme park uses or retail entertainment uses or additional hotel rooms are proposed as part of this Project. Because no additional development is proposed and with implementation of the initiatives and commitment to reaching the goals identified above, no new change to the expected solid waste generation is anticipated. The Orange County solid waste landfill system would have the ability to serve the Project with solid waste landfill capacity. The County of Orange maintains 15-years of countywide solid waste landfill capacity, as required by AB 939. According to OC Waste and Recycling, the Project would primarily be served by the Olinda-Alpha Landfill in Brea, which has a remaining capacity of 14.47 million cubic yards (mcy). Depending on the location, solid waste may also be disposed of at the Frank R. Bowerman Landfill in Irvine. which has a remaining capacity of 161.88 mcy. Additionally, the Olinda-Alpha Landfill has an estimated closure date of 2036 and A-161 Frank R. Bowerman Landfill has an estimated closure date of 2053. Buildout of the Project could be accommodated within the permitted capacity of the County’s landfill capacity; therefore, the Project would not generate solid waste in excess of the capacity of local infrastructure or otherwise impair the attainment of solid waste reduction goals. The Project would implement mitigation measures to reduce potential impacts on solid waste, including: MM UTIL-17 (implementation of a solid waste management plan), MM UTIL-18 (implementation of solid waste minimization measures), MM UTIL-19 (showing trash and recyclable receptacles on plans), MM UTIL-20 (installing trash and recyclable receptacles), and MM UTIL-21 (annual reports to the City). As a result, with implementation of mitigation, the Project would have a less than significant impact. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 10. Solid Waste Statutes and Regulations (Threshold 5.16-5) This threshold analyzes whether the Project would comply with Federal, State, and local management and reduction statutes and regulations related to solid waste. (a) Findings The Project would incorporate measures such as implementation of a solid waste management plan, implementation of solid waste minimization measures, showing trash and recyclable receptacles on plans installing trash and recyclable receptacles, and annual reports to the City to help meet the solid waste goals and ensure the Project would not conflict with any solid waste statutes or regulations. The following mitigation measures imposed upon the Project would mitigate impacts related to solid waste statutes and regulations to a less than significant level: MM UTIL-17 through MM UTIL-21 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would implement strategies to comply with management and reduction statutes and regulations; however, because of limited landfill capacity the impact was identified as significant and unavoidable. According to SEIR No. 340, no significant impact would occur related to provision of solid waste service to future projects within the ARSP area; however, implementation of the proposed mitigation would further ensure that adequate solid waste services were provided and that solid waste generation would be minimized. A-162 Project Specific Conclusion Based on coordination with OC Waste & Recycling, the OC Landfill System would be able to accommodate solid waste generation related to Project buildout. The Project would be required to comply with all federal, state, and local agency regulations regarding solid waste. Under AB 939, the Integrated Waste Management Act of 1989, the City is required to divert at least 50 percent of their solid waste generation to recycling. Additionally, under SB 1838, the State Organics Law, includes targets for a 75 percent reduction in compost materials disposed in landfills by 2025 and reduction of at least 20 percent of edible food currently disposed for human consumption by 2025. The City implements municipal codes and ordinances that help to reduce the waste source and increase the diversion rate. The City program, Recycle Anaheim, consists of an automated trash collection program and a recycling and yard waste collection system. In collaboration with Republic Services, the City’s franchise contractor, the City provides an automated curbside recycling program for solid waste disposal, which uses the three-can automated collection system for trash, commingled recyclable materials, and yard waste. Additionally, the City of Anaheim requires that all materials generated from construction activities be recycled to meet the 65 percent diversion rate from the landfill system. The Project would implement mitigation measures to reduce potential impacts on solid waste, including: MM UTIL-17 (implementation of a solid waste management plan), MM UTIL-18 (implementation of solid waste minimization measures), MM UTIL-19 (showing trash and recyclable receptacles on plans), MM UTIL-20 (installing trash and recyclable receptacles), and MM UTIL-21 (annual reports to the City). As a result, with implementation of mitigation, the Project would have a less than significant impact. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the impact will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant impact with mitigation. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. 11. Cumulative Impacts – Water This discussion analyzes whether the Project would have a significant cumulative impact related to water. (a) Findings The Project would incorporate water conservation measures, water audit for landscape irrigation systems, water supply planning coordination with the Public Utilities Department, use of pressure reducing valves, installation of water meter and backflow equipment, installation of separate landscape water meters, installation of water supply system improvements and landscape irrigation systems designed to minimize surface runoff and overwatering to reduce impacts on water facilities and prevent impacts to water supply and capacity. The following mitigation measures imposed upon the A-163 Project would mitigate cumulative impacts related to water to a less than significant level: MM UTIL-1 through MM UTIL-7 and MM HWQ-2 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, with implementation of required mitigation, The Disneyland Resort Project would not contribute to a significant and unavoidable cumulative impact related to water supply or water with implementation of mitigation. According to SEIR No. 340, buildout of the ARSP would result in less than significant cumulative impacts to water supply and infrastructure with adherence to the proposed mitigation measures. Project Specific Conclusion The estimated buildout water supply requirement for the Project is projected to be 4,012 AFY. This is approximately 6.0 percent of the total City supply requirement estimated for 2045 in the City’s 2020 UWMP. The WSA indicates that the City would have adequate water supplies to meet demands during normal, single-dry, and multiple-dry years to 2045. Because the WSA included a review of known projects served by the City the Project would not contribute considerably to a significant cumulative impact on water supplies. Additionally, the Project would be served by existing water infrastructure and would not contribute considerably to a significant cumulative impact on water facilities. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding water will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 12. Cumulative Impacts – Wastewater This discussion analyzes whether the Project would have a significant cumulative impact related to wastewater. (a) Findings The Project would incorporate wastewater measures, including a project-specific sewer preparation and construction upgrades or payment of applicable sewer impact fees to prevent impacts to wastewater facilities and capacity. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to wastewater to a less than significant level: MM UTIL-8 through MM UTIL-11 (see above) A-164 (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort would increase sewer flows however, with construction of improvements identified in EIR No. 311 and implementation of mitigation by developers in the area on a fair share basis, a significant cumulative impact would not occur. According to SEIR No. 340, cumulative impacts on sewer services associated with buildout of the ARSP and potential future projects would be less than significant. Project Specific Conclusion For the buildout alternatives, potential future capacity constraints may exist in certain areas based on specific location and timing of Project flows and other future flows. As discussed previously, these impacts would be reduced to less than significant levels with implementation of MMs UTIL-8, UTIL-9, UTIL-10, and UTIL-11 and compliance with the terms identified in the Development Agreement related to cost sharing for future improvements. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding wastewater will be reduced to a less than significant level.. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 13. Cumulative Impacts – Stormwater This discussion analyzes whether the Project would have a significant cumulative impact related to stormwater. (a) Findings The Project would incorporate stormwater measures, such as drainage studies and Preliminary Water Quality Management Plans, specifying methods to convey, retain, and treat storm water, which would ensure that storm water runoff from the Project Site would not exceed the capacity of downstream drainage systems. In addition, the Project would include payment of all site-specific drainage fees, payment of the City’s Master Plan of Storm Drains and related Infrastructure Improvement Fees, and incorporating stormwater runoff mitigation measures in building plans to prevent impacts to stormwater facilities and capacity. The following mitigation measures and standard requirements imposed upon the Project would mitigate cumulative impacts related to stormwater to a less than significant level: SR HWQ-1 through SR HWQ-4 AND MM UTIL-12 and MM UTIL- 13 (see above) A-165 (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, implementation of improvements recommended in the EIR No. 311 and in the City’s Master Plan of Drainage for the South Central Area would reduce potential cumulative impacts to less than significant levels. According to SEIR No. 340, all new growth within the ARSP area would occur in compliance with mitigation measures; however, the City has no control over the growth and storm water contributions of areas outside of its jurisdiction. Any addition of storm water to the regional storm water system may be cumulatively considerable when combined with potential storm water flow increases from surrounding jurisdictions. Therefore, mitigation of these impacts would be outside of the City’s jurisdiction, and the potential cumulative impact would be significant and unavoidable. Project Specific Conclusion The cumulative study area for storm drains includes the public storm drain system within the City of Anaheim as well as tributary systems beyond the City’s limits. The Project and other new development anticipated would result in changes to on-site land uses, including development of surface parking areas with hotel and theme park uses. Although the overall amount of future development associated with the Project would remain unchanged, the Project has the potential to increase impervious surfaces within different areas of the Project Site, which could increase runoff volumes and rates to certain facilities. However, Disney has paid all required fees associated with funding utility improvements, including fees related to the construction of improvements to the storm drainage system, therefore, impacts would be less than significant assuming compliance with standard requirements. All other future development in the cumulative study area would also be responsible to convey, retain, and treat storm water as well as ensure payment of storm drain impact fees to fund the construction of improvements to the storm drainage system within cumulative study area. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding stormwater will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311. This impact would be reduced when compared with the impact analysis in SEIR No. 340. 14. Cumulative Impacts – Electricity This discussion analyzes whether the Project would have a significant cumulative impact related to electricity. A-166 (a) Findings The Project would incorporate electricity efficiency measures including compliance with related energy requirements, implementation of energy-saving measures, grid-tied renewable energy generation measures, providing forecasted electricity demand to City and payment of City fees to ensure electrical capacity and electricity impacts would be less than significant. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to electricity to a less than significant level: MM UTIL-14, MM UTIL-15, MM UTIL-16 and MM ENE-2 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, with implementation of required mitigation The Disneyland Resort Project would not contribute to a significant and unavoidable cumulative impact related to electricity. According to SEIR No. 340, the City would be able to serve the ARSP at full buildout while maintaining existing and planned services within its respective service areas, and all projects would be required to comply with State and local regulations related to energy conservation. Therefore, buildout of the ARSP would not have a cumulative impact related to electricity. Project Specific Conclusion Electricity would be provided by the City on demand, consistent with the City’s Electric Rates, Rules, and Regulations. The Project and other new development in the service area would result in increased demand for electricity and an increased demand on the existing distribution system. Future development of the Project would be required to coordinate with the City to implement necessary upgrades to existing facilities or construction of new facilities to accommodate the anticipated demand, including the construction of up to 12 new switch stations within the Project Site. Additionally, on-site energy use would be reduced through compliance with Title 24, the CalGreen Code, and other energy conservation programs and policies. Cumulative projects in the County would also comply with the same regulations. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding electricity will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 15. Cumulative Impacts – Natural Gas This discussion analyzes whether the Project would have a significant cumulative impact related to natural gas. A-167 Findings The Project would incorporate natural gas reduction measures including energy efficiency measures and compliance with State Energy Conservation standards to assist in selection of the most energy-efficient water heaters and furnace, and to prevent impacts to natural gas facilities and capacity. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to natural gas to a less than significant level: MM ENE-1 and MM ENE-3 (see above) (a) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, with implementation of required mitigation, The Disneyland Resort Project would not contribute to a significant and unavoidable cumulative impact related to natural gas. According to SEIR No. 340, adequate capacity was identified to serve buildout of the ARSP and additional development within the SCG service area would comply with Title 24; therefore, it was concluded that the ARSP contribution to cumulative natural gas impacts would be considered less than significant. Project Specific Conclusion Natural gas service would be provided by SCG on demand, consistent with CPUC requirements. The Project and other new development in the service area would result in increased demand for natural gas and an increased demand on the existing distribution system. Future development of the Project would be required to coordinate with SCG to implement necessary upgrades to existing facilities or construction of new facilities to accommodate the anticipated demand. Additionally, on-site energy use would be reduced through compliance with Title 24, the CalGreen Code, and other energy conservation programs and policies. Cumulative projects in the County would also comply with the same regulations. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding natural gas will be reduced to a less than significant level.. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 16. Cumulative Impacts – Solid Waste This discussion analyzes whether the Project would have a significant cumulative impact related to solid waste. A-168 (a) Findings The Project would incorporate solid waste reduction measures, such as showing trash and recyclable receptacles on plans, installing trash and recyclable receptacles and annual reports to the City to reduce solid waste entering the landfill system to prevent impacts to solid waste facilities and capacity. The following mitigation measures imposed upon the Project would mitigate cumulative impacts related to solid waste to a less than significant level: MM UTIL-17 through MM UTIL-22 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort Project would contribute to a significant and unavoidable cumulative impact related to solid waste. According to SEIR No. 340, buildout of the ARSP would not create demands for solid waste services that exceed the capabilities of the County’s waste management system. Consequently, buildout of the ARSP would not have a significant cumulative contribution to solid waste impacts. Project Specific Conclusion Solid waste collection services are provided on demand by private haulers, and cumulative impacts on their services would occur from future development in their service area. Available landfill capacity is expected to decrease over time with future growth and development in Orange County. Waste reduction and recycling programs and regulations are expected to reduce this demand and extend the life of existing landfills. Also, CalRecycle is responsible for administering and monitoring State solid waste reduction initiatives, and individual jurisdiction’s ability to meet these requirements. It is assumed that the role of CalRecycle would continue in the future. Based on the available capacity of landfills in the region and the fact that no new demand beyond what was previously evaluated as part of The Disneyland Resort Project and the ARSP Project, the Project would not contribute considerably to a significant cumulative impact to landfill capacity or solid waste regulations. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding solid waste will be reduced to a less than significant level. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would be reduced when compared with the impact analysis in EIR No. 311. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. A-169 17. Cumulative Impacts – Telecommunications This discussion analyzes whether the Project would have a significant cumulative impact related to telecommunications. (a) Findings The Project would incorporate telecommunications connection measures, including installation of a signal booster on the roof of the tallest project building to restore broadcast television reception to prevent impacts to telecommunications facilities and capacity. The following mitigation measure imposed upon the Project would mitigate cumulative impacts related to telecommunications to a less than significant level: MM UTIL-22 (see above) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, with implementation of required mitigation, The Disneyland Resort project would not contribute to a significant and unavoidable cumulative impact related to telecommunications. According to SEIR No. 340, the ARSP and surrounding areas, including future development, would continue to be served by existing infrastructure; buildout of the ARSP would not result in a significant contribution to cumulative impacts; and mitigation measures were not required. Project Specific Conclusion The cumulative study area for telecommunications is inclusive of numerous telecommunications providers’ service areas. Future growth and development in the region would generate additional demand for telecommunication services. As with the Project, all future projects in the area would be responsible for connection to existing facilities and would be required to comply with all applicable regulations related to telecommunications. For the reasons stated above and as discussed in the Draft Subsequent EIR, the City finds that, with implementation of mitigation measures, the cumulative impact regarding telecommunications will be reduced to a less than significant level.. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a less than significant cumulative impact with mitigation. This impact would not be new or substantially more severe when compared with the impact analyses in EIR No. 311 and SEIR No. 340. A-170 VII. Environmental Impacts Determined to be Significant and Unavoidable in the Subsequent EIR A. AIR QUALITY (Threshold 5.2) 1. Criteria Pollutants – Regional Construction Emissions (Threshold 5.2b) This threshold analyzes whether the Project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable Federal or State ambient air quality standard during regional construction. (a) Findings While mitigation measures would reduce construction emissions for VOCs, development of the Project would continue to exceed established thresholds for NOx and impacts would remain significant and unavoidable. As such, although mitigation measures would reduce the emissions, there are no other feasible mitigation measures to further reduce the impact to less than significant. Even with implementation of mitigation measures and standard requirements, the Project would exceed thresholds for regional construction emissions and thus the Project would have a significant and unavoidable impact. The following mitigation measures and standard requirements would apply to the Project and would assist in reducing regional construction emissions: SR AQ-1: Prior to issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall provide written evidence of compliance to the Planning Director or Planning Services Manager that all construction activities shall comply with SCAQMD Rules 402 and 403, which shall assist in reducing short-term air pollutant emissions. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. SCAQMD Rule 403 (Tables 1, 2, and 3 of Rule 403) requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. This requirement shall be included as notes on the contractor specifications. (SEIR No. 340, SR 5.2-1) SR AQ-2: Prior to issuance of building permits, the property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of all buildings in compliance with SCAQMD regulations, including SCAQMD Rule 1113. This information shall be denoted on the project plans and specifications. The property owner/developer shall also submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property A-171 owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use nonsolvent-based coatings on buildings, wherever appropriate; b. Use solvent based coatings, where they are necessary. (EIR No. 311, MM 3.4-5; SEIR No. 340, MM 5.2-2, SR 5.2-2) MM AQ-1: Prior to final building and zoning inspection, the property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary sources. Copies of permits shall be given to the Planning Department. (EIR No. 311, MM 3.4-2; SEIR No. 340, MM 5.2-5) MM AQ-2: Ongoing during operation of The Disneyland Resort, the property owner/developer shall implement the following measures to reduce emissions: a. To the extent practicable, schedule goods movements for off-peak traffic hours. b. Use clean fuel for attraction rides and other uses, as practicable. (EIR No. 311, MM 3.4-3; SEIR No. 340, MM 5.2-1) MM AQ-3: Prior to issuance of the first building permit associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, whichever occurs first, the property owner/developer shall submit a site and operations plan for this facility showing the location and configuration of the on-site cast financial and dining services in conformance with The Disneyland Resort Specific Plan. Prior to final building and zoning inspections associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, the property owner/developer shall provide cast financial and dining services within the Southeast District or Theme Park East Overlay and the Theme Park District to accommodate cast members. Ongoing during project operation, the property owner/developer shall continue to provide cast financial and dining services in conformance with The Disneyland Resort Specific Plan. (EIR No. 311, MM 3.4-4) MM AQ-4: Ongoing during project operation, the following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length of the out-of-area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction targets have been met through other means. (EIR No. 311, MM 3.4-6) A-172 MM AQ-5: Ongoing during construction, the following measures will be followed by the property owner/developer to reduce air quality impacts: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; and haul routes shall be cleared as needed if spills of material exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall either be covered prior to entering public streets or shall comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. This California Vehicle Code section stipulates that the load, where it contacts the sides, front and back of the cargo container area, remain six inches from the upper edge of the container area, and that the load does not extend, at its peak, above any part of the upper edge of the cargo container area. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during second stage smog alerts. A-173 l. Comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. q. Should demolition, grading, or, excavation activities of two or more projects within any portion of the Project site occur concurrently, air quality monitoring shall be conducted each day that demolition and grading/excavation activities occur concurrently; monitoring shall be conducted in accordance with SCAQMD Rule 403 and ensure that PM2.5 and PM10 concentrations shall not exceed the established regulatory limit of 50 micrograms per cubic meter. (EIR No. 311, MM 3.8-4; SEIR No. 340, MM 5.2-3) MM AQ-6: Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export Plans. The plans shall include identification of offsite locations for material export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. (EIR No. 311, MM 3.8-5; SEIR No. 340, MM 5.2-4) MM AQ-7: Ongoing during construction, the property owner/developer shall implement the following to limit emissions from architectural coatings and asphalt usage: a. Use nonsolvent-based coatings on buildings, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. (EIR No. 311, MM 3.8-6) MM AQ-8: Prior to issuance of building permits for each of the east and west public parking structures and any parking structure in the Southeast District; A-174 ongoing during project operation, all public day-use parking facilities, not including hotel, hotel accessory uses or cast parking facilities, will have a crew of cast members, based on parking predictions, on each lot or facility level, to assist speed parking procedures. In addition, the East and West public parking structures and any parking structure in the Southeast District will incorporate the following design features on each facility level, to assist speed parking procedures: 1. Signage designed to enhance smooth traffic flows and reduce traffic flows on each facility level. 2. Speed ramps which will take cars directly to the level that has available spaces, thus eliminating circulation movement and time involved with hunting for a space. The speed parking striping and procedures currently used at the Disneyland theme park parking lot will be adapted to use within the parking structures and will be designed to safely park 60 cars per minute. (Refer to The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan.) 3. Ceiling clearances and lateral clearances, an open well design, and enhanced lighting levels will eliminate the enclosed feeling of a standard garage, which tends to slow drivers. (EIR No. 311, PDF 3.4-5) MM AQ-9: Ongoing during project operation, the property owner/developer will implement a comprehensive and aggressive Transportation Demand Management (TDM) program for all project employees. (EIR No. 311, PDF 3.4-8) MM AQ-10: Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, that project design will incorporate the following energy-saving features. This energy savings will also contribute to reduced operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design and proper sealing of buildings. d. Use water-wise landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. A-175 f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (EIR No. 311, PDF 3.4-6; SEIR No. 340, MM 5.2-6) MM AQ-11: Prior to issuance of each building permit for public day-use parking facilities, the public parking facilities, which may be used for theme park guest parking, shall be designed in accordance with the speed parking procedures set forth in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan which will assist in reducing vehicular fuel from idling engines. (EIR No. 311, PDF 3.14-2) MM AQ-13: During construction activities, for all offroad engines that are diesel and above 50 brake horsepower, the contractor shall use engines that comply with USEPA Tier 4 offroad engine standards. MM ENE-1: Prior to the issuance of each building permit, the property owner/developer shall submit plans and calculations to demonstrate that the energy efficiency of each building will exceed the Title 24, Part 6, Building Energy Efficiency Standards current at the time of application by at least 10 percent.. (SEIR No. 340, SR 5.15-1) MM TRA-8: Transportation Demand Management Program On-going during project operation, the need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Walt Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target. A-176 • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this program. Maps of bicycle routes throughout the area A-177 would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. o Telecommuting. The Disneyland Resort employs cast members in a wide variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may develop a parking management program that provides A-178 incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. o Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. o Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. o Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. o Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests o Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. A-179 The property owner/developer is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing materials for The Disneyland Resort will describe it as an "auto-free" zone with a range of transportation amenities where cars are not needed. o Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). (EIR No. 311, PDF 3.3- 15; SEIR No. 340, MM 5.14-5, MM 5.14-6, MM 5.14-8, MM 5.14- 9, and MM 5.14-23) MM TRA-9: Ongoing during project operations, the property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. (EIR No. 311, PDF 3.3-17; SEIR No. 340, MM 5.14-4) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, regional construction emissions associated with The Disneyland Resort Project would exceed thresholds for ROG, NOx, CO, and PM10, resulting in a significant and unavoidable impact. According to SEIR No. 340, VOC and NOx emissions would exceed the maximum daily threshold; however, implementation of mitigation would reduce construction emissions to below thresholds of significance. However, as it could not be demonstrated at the Specific Plan level that the cumulative construction emissions would be less than the SCAQMD CEQA thresholds, SEIR No. 340 found the cumulative impact was significant and unavoidable. Project Specific Conclusion Air pollutant emissions would occur from construction equipment exhaust; fugitive dust from demolition and site grading; exhaust from trucks hauling demolition debris, soil, and materials and from vehicles trips by construction workers; and VOCs from painting and asphalt paving operations. Project construction rules such as SCAQMD Rule 403, Fugitive Dust (SR AQ-1), which requires watering of active grading areas, have been incorporated into the Project and are included in the emissions calculations. A-180 Project construction activities are those associated with the construction of the remaining 8,301 hotel rooms previously approved for the Project Site. A worst-case approach of assuming simultaneous construction of all 8,301 hotel rooms was modeled. Though the simultaneous development of all hotel rooms would not occur, the modeling provides a incredibly conservative analysis of potential construction impacts and less intensive actual development scenarios would have less impacts than analyzed in the Draft Subsequent EIR. A detailed analysis of the mitigated and unmitigated average daily regional construction emissions is available in Tables 5.2-6 and 5.2-7 of the Draft Subsequent EIR. Mitigated Project emissions account for the implementation of MM AQ-13, which requires use of Tier 4 offroad construction engines, to minimize emissions during the development of the Project. While the net average daily emissions for VOC, NOx, CO, SOx, PM10, and PM2.5 would be less than significant, consistent with the analysis in EIR No. 311 and SEIR No. 340, maximum development associated with the Project would continue to exceed established thresholds for VOC and NOx for Daily Regional Construction Emissions. The Project would be subject to SR AQ-1 requiring compliance with SCAQMD Rules 402 and 403 related to dust and air pollution emissions nuisances. Additionally, implementation of SR AQ-2 would require the property owner/developer to submit evidence that low emission paints and coatings are utilized in the design and construction of all buildings in compliance with SCAQMD regulations, including SCAQMD Rule 1113. This would ensure that daily net VOC emissions would not exceed 75 lbs/day. While this would reduce construction emissions for VOCs to less than significant with mitigation, development of The Disneyland Resort, including the DisneylandForward Project, would continue to exceed established thresholds for NOx and impacts would remain significant and unavoidable. Additionally, previous mitigation measures would continue to be applicable to the Project and are identified in the Mitigation Program (MM AQ-1 through MM AQ-11, MM ENE-1, and MM TRA-8, and MM TRA-9). These measures would result in a reduction of emissions under both the Project and No Project condition. Relevant mitigation measures implemented with the DisneylandForward Project to reduce impacts associated with other environmental topics have been identified in the Mitigation Program; implementation of these measures would continue to reduce air quality emissions of the underlying projects analyzed in EIR No. 311 and SEIR No. 340 as amended by the DisneylandForward Project. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable impact regarding regional construction emissions. This impact would not be new or substantially more severe and would be consistent with impact analyses in EIR No. 311 and SEIR No. 340 2. Criteria Pollutants – Operation (Threshold 5.2b) This threshold analyzes whether the Project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- A-181 attainment under an applicable Federal or State ambient air quality standard during operation. (a) Findings The Project’s net operational emissions would be below the established thresholds under the Project condition due to the reduction in VMT and associated emissions. However, maximum development associated with The Disneyland Resort would continue to exceed established thresholds for VOC, NOx, CO, PM10, and PM2.5 for daily operational emissions and result in a significant and unavoidable impact even with implementation of mitigation measures. The overall Disneyland Resort Project would continue to have significant and unavoidable operational emissions, and there are no other feasible mitigation measures to further reduce the impacts to less than significant. Therefore, even with implementation of mitigation measures and standard requirements, the Project would exceed thresholds for operational emissions and thus the Project would have a significant and unavoidable impact. The following mitigation measures and standard requirements would apply to the Project and would assist in reducing operational emissions: MM AQ-1 through MM AQ-4, MM AQ-6, MM AQ-9 through MM AQ-10, MM AQ-14, MM ENE-1, MM TRA-8 and MM TRA-9 (see above). MM ENE-2: Prior to submittal of plans for electrical system improvements, any new system improvements (e.g., substation, line connections), if required, shall be constructed in accordance with the City’s Electric Rates, Rules and Regulations and Electrical Specifications. Electrical Service Fees and other applicable fees will be assessed in accordance with the then current Electric Rates, Rules and Regulations and Electrical Specifications. (EIR No. 311, MM 3.10.9-3; SEIR No. 340, MM 5.17-2) MM ENE-3: Prior to approval of each final building and zoning inspection, the Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy-efficient water heaters and furnaces. The property owner/developer shall implement a program, as required, to reduce the demand on natural gas supplies. (EIR No. 311, MM 3.10.10-2) MM ENE-4: Prior to issuance of each building permit, the property owner/developer shall demonstrate on plans that fuel-efficient models of gas-powered building equipment have been incorporated into the proposed project to the extent feasible. (EIR No. 311, MM 3.14-2) MM ENE-5: Prior to issuance of a building permit, the property owner/developer shall incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of renewable biofuels, solar and small wind turbine sources on new A-182 and existing facilities and the use of solar powered lighting in parking areas. (SEIR No. 340, MM 5.17-4) SR ENE-1: Prior to the issuance of each building permit, the property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. (SEIR No. 340, SR 5.15-1) SR ENE-2: Prior to issuance of building permits, the property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable California Green Building Standards. (SEIR No. 340, SR 5.17-2) PDF ENE-1: Ongoing during project development and operation, the project shall be developed in conformance with The Disneyland Resort Specific Plan and shall offer a broad diversity of theme park, retail, dining and entertainment experiences which will enhance the destination resort character of The Disneyland Resort. As a result, many visitors will extend their length of stay; thus, incremental vehicular trips to and from the site are expected to be reduced. (EIR No. 311, PDF 3.14-1) MM HWQ-2: Prior to issuance of each building permit, the property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. Additionally: a. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit plans in accordance with Anaheim’s Landscape Water Efficiency Ordinance and Guidelines including: 1. Project Information 2. Maximum Applied Water Use expresses as annual totals. 3. Soil management report or specifications. 4. Landscape design plan. 5. Irrigation design plan. 6. Grading design plan. b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. A-183 c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the Estimated Applied Water Use (EAWU) to be less than the Maximum Applied Water Allowance (MAWA) or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. (EIR No. 311, MM 3.7-3; SEIR No. 340, MM 5.15-4) MM HWQ-3: Ongoing during operation of the Disneyland Resort, the property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim including, but not limited to, private streets and parking lots on not less than a monthly basis. Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the property owner/developer’s NPDES permit and allowable based on drought restrictions. Nightly washdown shall be allowed in the theme parks and, where advisable to maintain safe and sanitary working conditions, the back-of-house area, if allowed in the property owner/developer’s and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer’s NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. (EIR No. 311, MM 3.7-4; SEIR No. 340, MM 5.8-3) MM HWQ-4: Prior to each final building and zoning inspection (for non- Setback Realm Areas); prior to acceptance by City Engineer (for Setback Realm Areas), the property owner/developer shall submit a Certificate of Substantial Completion, as described in the Disneyland Resort Specific Plan, which establishes that the landscape irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (EIR No. 311, MM 3.7-5) MM HWQ-5: Ongoing during grading operations, the property owner/developer shall implement standard practices from all applicable codes and ordinances to prevent erosion. (EIR No. 311, MM 3.8-2) MM HWQ-6: Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. (EIR No. 311, MM 3.8-3; SEIR No. 340, MM 5.8-2) MM HWQ-7: Prior to issuance of each building permit, to reduce the project's demand on potable water, the property owner/developer shall install water lines onsite so that reclaimed water may be used for landscape A-184 irrigation and other purposes, if and when it becomes available. (EIR No. 311, PDF 3.7-1; SEIR No. 340, MM 5.8-5) PDF POP-1: Ongoing during project operations, The Walt Disney Company will recruit workers who are already a part of the resident work force in the region. Implementation of The Disneyland Resort Specific Plan will further efforts in offering employment opportunities at various socioeconomic levels. (EIR No. 311, PDF 3.9-1) MM TRA-15: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during construction, a Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. (EIR No. 311, PDF 3.8-5) MM TRA-16: Prior to approval of each building permit, a Traffic Management Plan for phasing of roadway improvements, specifying the sequencing of construction to do the following: 1. Coordinate scheduling with other planned construction in the area. 2. Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. 3. Outline procedures for any required traffic detours during construction, including provision of tour bus stops. 4. Phase each roadway improvement to allow access to all existing businesses/residential areas. In some instances this will require lane- by-lane renovation, temporary bypass roads, or traffic reroutes. 5. Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. 6. Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. 7. Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. 8. Identify how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with the City of Anaheim Traffic Management Center (TMC), the Anaheim Convention Center and area hotels to ensure continued operations A-185 of these facilities, as well as the continued operation of The Disneyland Resort. (EIR No. 311, PDF 3.8-6 and PDF 3.8-8) MM TRA-19: Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. (SEIR No. 340, MM 5.14-12) MM UTIL-1: Prior to issuance of building permits, among the water conservation measures to be shown on plans and implemented by the property owner/developer within the Specific Plan area include the following: • Use of low-flow sprinkler heads in irrigation system. • Use of waterway re-circulation systems. • Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self-closing valves on drinking fountains. • Use of reclaimed water for irrigation and washdown when it becomes available. • Continuation of the existing cooling tower recirculation system. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Low-flow shower heads in hotels. • Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances. • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water-conserving landscape plant materials wherever feasible. • Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas. (EIR No. 311, MM 3.10.6-2; SEIR No. 340, MM 5.15-1) MM UTIL-14: Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection, in order to conserve energy, the Disneyland Resort shall comply with the California Energy Code (Title 10), which may include the following: A-186 • Consultation with the City energy-conservation experts at the Anaheim Public Utilities Community and Sustainability Division for assistance with energy-conservation design features. • Use of high-efficiency air conditioning systems, connected if feasible to a computerized central energy management system, and meeting all control, scheduling and load efficiency requirements of the California Energy Code (Title 24, Building Efficiency Standards). • Use of electric high-efficiency (NEMA) motors intended to conserve energy. • While recognizing the unique lighting apparatus required for some theme park uses, use of motion sensing lightswitch devices and light-emitting diode (LED) energy-efficiency lighting fixtures for indoor and outdoor lighting when feasible, T8 lamps, metal hallide and/or high-pressure sodium (HID) lamps. • Incorporation of electric vehicle chargers into parking structures. (EIR No. 311, PDF 3.10.9-2; SEIR No. 340, MM 5.17-1) MM UTIL-17: Ongoing during theme park operations and prior to final building and zoning inspections of new theme park development, the property owner/developer shall implement a solid waste management plan which has been reviewed and approved by the Public Works Department to ensure that the project plans comply with AB 939, SB 1383 related to reducing organic waste in landfill, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim, and the County’s and City’s Integrated Waste Management Plans. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include the following plan components: a. Detailing the locations and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State, and City regulations for hazardous material disposal. d. Continuing participation in the City of Anaheim’s voluntary “Recycle Anaheim,” program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs at the Disneyland Resort, including: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. A-187 • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collections and baling. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibition of curbside pick-up within The Disneyland Resort. (EIR No. 311, MM 3.10.3-2 and MM 3.10.3-3; SEIR No. 340, MM 5.19-1) MM UTIL-18: Ongoing during project operation, the existing solid waste recycling and waste minimization practices at The Disneyland Resort shall be expanded as feasible to serve new development in The Disneyland Resort. Existing practices include: • Usage of recycled paper products for stationary, letterhead, and packaging. • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastic, kitchen grease, laser printer, toner, cartridges, oil, batteries, and scrap metal for recycling or recovery. (EIR No. 311, PDF 3.10.3-1; SEIR No. 340, MM 5.19-2) MM UTIL-20: Prior to issuance of each building permit, the property owner/developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. (SEIR No. 340, MM 5.19-4) MM UTIL-21: Ongoing during project operation, upon City request and no less than annually or more than semi-annually, the property owner/developer shall prepare and submit to the Planning Director or Planning Services Manager a consolidated Construction Waste Management Report for all development projects on Disney Properties demonstrating that at least 75 percent of non-hazardous construction and demolition debris has been recycled or salvaged, or has otherwise complied with the City’s waste diversion program, which Report shall identify the A-188 materials diverted from disposal and whether the materials have been sorted on site or co-mingled. (SEIR No. 340, MM 5.19-5) (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, operations would result in significant impacts related to ROG, NOx and CO emissions and the impacts would be significant and unavoidable. According to SEIR No. 340, buildout of the ARSP would result in significant impacts related to VOC, NOx, CO, PM10, and PM2.5 emissions; while implementation of mitigation would reduce emissions levels, concentrations would continue to exceed thresholds of significance. SEIR No. 340 found that long-term operational emissions of VOC, NOx, CO, PM10, and PM2.5 would be significant and unavoidable. Project Specific Conclusion Operational emissions are comprised of area, energy, and mobile source emissions at full buildout of the Project. Area and energy source emissions are based on CalEEMod assumptions for the specific land uses and size and include landscape maintenance equipment, consumer products, and architectural coatings used for routine maintenance. Energy emissions are from natural gas and electricity consumption. The calculation of operations phase emissions is based on the remaining development approvals for the Project Site with an assumed conservative buildout year of 2045. These operational emissions are conservative since the proposed land uses may not actually be built out until a date later than 2045. Land use details are included in the CalEEMod data included in Appendix C-1 of the Draft Subsequent EIR. Operational emissions were calculated, as shown in Table 5.2-11 of the Draft Subsequent EIR. MM TRA-8 was incorporated into the model through the inclusion of CAPCOA measures T-3, T-6, T-7, T-8, T-9, T-10, T-11, T-32, T-34, T-35, and T- 39, because the VMT calculations used in CalEEMod did not take into account the existing and future Disney TDM Program. Similarly, MM ENE-1 was incorporated into the modeling for the entirety of the Project scenario and for the ARSP portions of the No Project scenarios, with the incorporation of CAPCOA measure E-1, because the energy calculations used in CalEEMod did not take into account the existing and future requirements of MM ENE-1. All other previously approved mitigation measures noted in the Mitigation Program were not incorporated into the model, as they are already represented in the energy, waste, and water inputs for both the No Project and Project scenarios. These include MM AQ-1, MM AQ-2, MM AQ-3, MM AQ-4, MM AQ-6, MM AQ-8, MM AQ-9, MM AQ-10, MM AQ-13, and MM AQ-14, PDF AQ-4, MM ENE-1 through MM ENE-5, PDF ENE-1, MM HWQ-2, MM HWQ-7, PDF POP-1, MM TRA-9, MM TRA-15, MM TRA-16, and MM TRA-19, and MM UTIL 1, MM UTIL-14, MM UTIL-17, MM UTIL-18, MM UTIL-20, and MM UTIL-21 and SR ENE-1 through SR ENE-3. CalEEMod automatically considers the incorporation of CAPCOA reduction measures as ‘mitigation’, and therefore, outputs reflect the incorporation of these reduction measures in the results for ‘mitigated emissions’. However, as the incorporation of CAPCOA reduction measures is reflective of the existing Disneyland A-189 TDM program (MM TRA-8) and existing requirements set forth by MM ENE-1, these measures should be reflected in the unmitigated net daily operational emissions for both the Project and No Project scenarios. The Project’s net operational emissions would be below the established thresholds under the Project condition due to the reduction in VMT and associated emissions. However, consistent with the analysis in EIR No. 311 and SEIR No. 340, maximum development associated with The Disneyland Resort would continue to exceed established thresholds for VOC, NOx, CO, PM10, and PM2.5 for daily operational emissions and result in a significant and unavoidable impact. While the incremental changes associated with the DisneylandForward Project would not result in significant air quality impacts when considered independently of the underlying Disneyland Resort Project, when considered with the overall Disneyland Resort Project and the ARSP Project, impacts would be significant and unavoidable. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable impact related to operational emissions of VOC, NOx, CO, PM10, and PM2.5. This impact would be new for PM10 and PM 2.5 when compared to the impact analysis in EIR No. 311. This impact would not be new or substantially more severe than the impact analysis in SEIR No. 340. 3. Cumulative Impact – Criteria Pollutant Concentrations During Construction and Operations This discussion analyzes whether the Project would have a significant cumulative impact related to criteria pollutant concentration during construction and operations. (a) Findings Implementation of standard requirements and proposed mitigation measures would reduce construction emissions and operational vehicle emissions, but emissions would potentially still exceed thresholds; therefore, cumulative construction and operational emissions impacts would be significant and unavoidable. Because the Project would result in a significant construction and operations air quality impact as detailed in the analysis of Threshold 5.2b, the Project would result in a significant and unavoidable cumulative impact. As such, there are no other feasible mitigation measure to reduce the impacts to less than significant. Therefore, even with implementation of mitigation measures and standard requirements, the Project would exceed thresholds for cumulative construction and operational air pollutant emissions and thus the Project would have a significant and unavoidable cumulative impact. The following mitigation measures and standard requirements would apply to the Project: MM AQ-1 through MM AQ-11, MM AQ-13, MM AQ-14, MM ENE-1 through MM ENE-5, SR ENE-1 through SR ENE-3, PDF ENE-1, MM HWQ-2 through MM HWQ-7, PDF POP-1, MM TRA-8, MM TRA-9, MM TRA-15, MM TRA-16, MM TRA-19, MM UTIL-1, MM UTIL-14, MM UTIL-17, MM UTIL-18, MM UTIL-20, MM UTIL-21 (see above). A-190 (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, The Disneyland Resort would result in a significant and unavoidable cumulative impact related to construction and operational air quality and a less than significant cumulative impact related to local CO emissions. According to SEIR No. 340, implementation of standard requirements and proposed mitigation measures would reduce construction emissions and operational vehicle emissions, but emissions would potentially still exceed thresholds; therefore, cumulative construction and operational emissions impacts would be significant and unavoidable. Project Specific Conclusion Air quality is generally a regional issue, determined by geography and meteorology. The region of interest for the Project is the SoCAB. The USEPA and CARB use the monitored air pollutant concentrations in the SoCAB as the basis for attainment designations. Application of the SCAQMD CEQA significance thresholds provides an analysis of the Project’s individual impact on regional nonattainment pollutants. The analysis concluded that construction and operations-related impacts would result in a significant and unavoidable impact. With respect to determining the significance of the Project’s contribution, the SCAQMD neither recommends quantified analyses of construction and/or operational emissions from multiple development projects nor provides methodologies or thresholds of significance to be used to assess the cumulative emissions generated by multiple cumulative projects. Instead, the SCAQMD recommends that a project’s potential contribution to cumulative impacts be assessed utilizing the same significance criteria as those for project-specific impacts. If a project exceeds the thresholds established for an individual project, it is considered to be cumulatively considerable and consequently would result in a significant cumulative impact. Furthermore, the SCAQMD states that if an individual development project generates less than significant construction or operational emissions impacts, then the development project would not contribute to a cumulatively considerable increase in emissions for those pollutants for which the SoCAB is in nonattainment. Because the Project would result in a significant construction and operations air quality impact, the Project would result in a significant and unavoidable cumulative impact. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable cumulative impact related to air pollutant concentrations during construction and operations. This impact would not be new or substantially more severe and would be consistent with the impact analyses in EIR No. 311 and SEIR No. 340. B. CULTURAL RESOURCES (Threshold 5.4) 1. Historic Resources (Threshold 4.5a) This threshold analyzes whether the Project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. A-191 (a) Findings Due to the duration of the Project and the need to maintain the ability of Disney to modify Disneyland, the Project could result in significant adverse impacts to both the district overall, the three individually eligible features within the potential historic district boundary, and the potentially individually eligible Pope House, which could not be mitigated through mitigation measures. As such, there are no other feasible mitigation measure to reduce the impacts to less than significant, and therefore, even with implementation of mitigation measures, the Project would result in significant and unavoidable impacts related to historic resources. The following mitigation measures would apply to the Project: MM CUL-2: For properties within the ARSP, prior to approval of building, grading or demolition permits, whichever occurs first, for properties that contain a structure over 45 years old, property owners/developers shall submit to the Planning and Building Department, Planning Services Division, documentation to verify the presence/absence of historic resources. On properties where resources are identified, such documentation in accordance with HABS standards shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. (SEIR No. 340, MM 5.4-3) MM CUL-3: Prior to the issuance of grading, demolition or building permits, whichever occurs first, the property owner/developer shall be responsible for implementing the following and submitting the required documentation to the Planning and Building Department, Planning Services Division: If an individual development project within the potential Disneyland Theme Park Historic District proposes to substantially alter or demolish a contributing feature to the potential Disneyland Theme Park Historic District as identified in the Historic Resources Technical Report attached as Appendix E-2 to Draft Subsequent EIR No. 352, that contributing feature shall be documented in the outline format as specified in the HABS History Guidelines,5 and photographed according to the HABS Photography Guidelines,6. The documentation shall be prepared by a historian or architectural historian who meets the Secretary of the Interior’s Historic Preservation Professional Standards in the relevant discipline. Digital copies of the documentation shall be submitted to the Anaheim Planning and Building Department, Planning Services Division for storage with Heritage Services, and housed in the Walt Disney Company archives. MM CUL-4: Prior to the issuance of grading, demolition or building permits, whichever occurs first, the property owner/developer shall be responsible for implementing the following and submitting the required documentation to the Planning and Building Department, Planning Services 5 U.S. Department of the Interior, National Park Service, HABS History Guidelines, updated January 2020, https://www.nps.gov/hdp/standards/HABS/HABSHistoryGuidelines.pdf (accessed March 15, 2023). 6 U.S. Department of the Interior, National Park Service, HABS Photography Guidelines, updated June 2015, https://www.nps.gov/hdp/standards/PhotoGuidelines.pdf (accessed March 15, 2023). A-192 Division: If any of the individually designated or potentially eligible features or buildings within the theme park, as identified in the Historic Resources Technical Report attached as Appendix E-2 to the Draft Subsequent EIR No. 352, are proposed for substantial alteration or demolition, that feature or building shall be documented individually in the outline format as specified in the HABS History Guidelines, and photographed according to the HABS Photography Guidelines. The documentation shall be prepared by a historian or architectural historian who meets the Secretary of the Interior’s Historic Preservation Professional Standards in the relevant discipline. Digital copies of the documentation shall be submitted to the Anaheim Planning and Building Department, Planning Services Division for storage with the Heritage Services Division, and housed in the Walt Disney Company archives. (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that no impacts to historical resources were expected to occur from development of The Disneyland Resort Project. SEIR No. 340 determined that no designated historical resources existed within the ARSP area; however, as discussed above, mitigation was identified to preclude any impacts to unknown historical resources. Given the passage of time and the new historic resource designations in and around the Project Site since approval of EIR No. 311 and SEIR No. 340, the Draft Subsequent EIR conducted a new analysis of historic resources. Project Specific Conclusion Section 15064.5 of the CEQA Guidelines defines historic resources as resources listed or determined to be eligible for listing by the State Historical Resources Commission in the California Register of Historical Resources (CRHR), listed in a local register of historical resources, or identified as historically significant by the lead agency. The Potential Disneyland Theme Park Historic District –The Historic Resources Technical Report prepared for this Project, which is attached as Appendix E-2 of the Draft Subsequent EIR, analyzed whether Disneyland should be treated as a historical resource for purposes of CEQA. Based on research of the development history of the area; a review of the relevant contexts associated with the establishment of Disneyland in Anaheim in 1955; and an evaluation of the existing conditions, the Historic Resources Technical Report identified a potential Disneyland Theme Park Historic District, that appears eligible for listing in the National Register of Historic Places for its establishment as the earliest and most influential theme park in the United States; for its association with Walt Disney and his original vision for the park; and for its design characteristics. Based on its significant contributions to commercial and recreational development in the United States after World War II, the potential Disneyland Theme Park Historic District appears eligible for listing in the National Register of Historic Places (NRHP) under Criterion A, the CRHR under Criterion 1, and for designation as a City Historic District under Criterion 1. Disneyland represents a unique and influential example of them park property type as envisioned and established by Walt Disney. The potential Disneyland Theme Park Historic District A-193 appears eligible for listing in the NRHP under Criterion C, the CRHR under Criterion 3, and for designation as a City Historic District under Criterion 3. Therefore, for purposes of environmental review of the Project, the potential Disneyland Theme Park Historic District is considered a historical resource as defined by CEQA. The Pope House – The Pope House, an existing single-family residence that was relocated to the theme park in 1955 to serve as the home of Owen and Dolly Pope, has been identified in the Historic Resources Technical Report as potentially individually eligible for local designation as the first building at the theme park. In 2016, it was relocated to the northwest corner of the back-of-house area next to Ball Road and is no longer within the boundary of the potential historic district. The Pope House is a remnant example of the original development of Disneyland, and due to Disneyland’s unique significance to the growth and development of Anaheim after World War II, the Pope House strongly represents a significant event in local history and appears to meet the eligibility standards for listing as a Historically Significant Structure under Local Criterion 1. Therefore, for purposes of environmental review of the Project, the Pope House is considered a historical resource as defined by CEQA. Hungry Bear Restaurant, Pirates of the Caribbean, and the Disneyland Railroad Depot – Further, since approval of The Disneyland Resort Project in 1993, the Hungry Bear Restaurant, the Pirates of the Caribbean, and the Main Street Railroad Depot, all located within Disneyland, were formally determined eligible for listing in the National Register as part of review under Section 106 of the National Historic Preservation Act and therefore are listed in the California Register by consensus. In 2019, the Hungry Bear Restaurant was identified as eligible for listing in the NRHP under Criterion A for “its associated with the second phase of renovation and expansion of Disneyland in the 1970s” and under Criterion C as “a good example of Rustic/Theme Park style architecture”. In 2019, the Pirates of the Caribbean ride was identified as eligible for listing in the NRHP under Criterion A as “part of the overall general development of the Disneyland Park in the first phase of renovation and expansion on the 1960s”, and under Criterion C as “a good example of the French Quarter New Orleans/Theme Park architectural style”. In 2005, the Disneyland Railroad Depot was identified as eligible for listing in the NRHP under Criteria A, B, and C because it “appears eligible for association with significant events and persons as well as significance related to architecture and engineering within the amusement park property type”. The evaluation noted that the Depot is a “contributor to a potential National Register historic district.” For each of these three attractions, SHPO concurred with the evaluation and each was assigned a status code of 2S2, which is defined as “Individual property determined to be eligible for National Register by a consensus through Section 106 process. Listed in the California Register.” These three attractions are therefore historical resources as defined by CEQA. Other Historical Resources – There is the potential that there are historical resources located outside the boundary of Disneyland but within the wider DRSP and ARSP areas which had not been identified at the time of the previous studies. This includes the Disneyland Hotel, originally established in 1955 specifically to serve visitors to the park. However, the original hotel buildings were demolished in 1999; therefore, the Disneyland Hotel is not eligible for historic designation at the federal, state, or local levels and is not considered a historical resource for purposes of CEQA. A-194 The Historic Resources Technical Report confirmed that the Anaheim Convention Center was listed in the California Register by consensus, making it a historical resource as defined by CEQA. It was determined that there would not be potential impacts resulting from the Project to the Anaheim Convention Center, as. the Project features within the DRSP and at the Disney ARSP Properties would not materially impair the Anaheim Convention Center such that it would no longer convey its historic significance. Further, Project features within the larger ARSP area or DRSP area outside of the boundary of Disneyland would not result in significant impacts to the potential historic district. There are no specific plans outlined by the Project that would result in substantial changes within the boundary of the potential Disneyland Theme Park Historic District and formal historic designation of this district is not proposed as part of this Project; however, because of the duration of the Project and the need to maintain the ability of Disney to modify Disneyland, the Project could result in significant adverse impacts to both the district overall, the three individually eligible features within the potential historic district boundary, and the potentially individually eligible Pope House, which could not be mitigated through mitigation measures. These potential future changes could include the removal of contributing features and attractions, changes to circulation patterns and the potential for new park ingress/egress, required updates for accessibility or to accommodate new technology, and changes necessitated by new Disney creative content. Therefore, the Project could have a significant and unavoidable effect on historical resources under CEQA even with implementation of MM CUL-3 and MM CUL-4, which would document the history and existing features and spaces of the potential Disneyland Theme Park Historic District, the individually eligible Hungry Bear Restaurant, Pirates of the Caribbean, and the Disneyland Railroad Depot, and the individually eligible Pope House. For other work involving buildings 45 years or older in the ARSP, MM CUL-2 would reduce other impacts to potential historic resources to less than significant levels. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable impact on historical resources. This impact is new when compared with the impact analyses in EIR No. 311 and SEIR No. 340. 2. Cumulative Impacts – Historic Resources This discussion analyzes whether the Project would have a significant cumulative impact related to historic resources. (a) Findings Due to the duration of the Project and the need to maintain the ability of Disney to modify Disneyland, the Project could result in significant adverse impacts to both the district overall, the three individually eligible features within the potential historic district boundary, and the potentially individually eligible Pope House, which could not be mitigated through mitigation measures. Given the potentially considerable contribution to a cumulative impact, the Project would result in a significant and unavoidable cumulative impact on historic resources. As such, there are no other A-195 feasible mitigation measure to reduce the impacts to less than significant, and therefore, even with implementation of mitigation measures, the Project would result in significant and unavoidable cumulative impacts related to historic resources. The following mitigation measures would apply to the Project: MM CUL-2 through MM CUL-4 (see above). (b) Findings of Fact Conclusions in Prior EIRs According to EIR No. 311, development of The Disneyland Resort was not anticipated to contribute to a significant cumulative impact on cultural resources. According to SEIR No. 340, despite the site-specific nature of the resources, the mitigation identified for use in the event that unknown or undocumented resources are discovered would reduce the significance level of potential cumulative impacts, and anticipated development within the ARSP area would not contribute to a significant cumulative impact. Additionally, build out of the ARSP would not contribute to a cumulative impact to historic resources, and a less than significant cumulative impact would occur with implementation of the proposed mitigation. Project Specific Conclusion Development of related projects can affect historical resources if such projects adversely alter and/or demolish historical resources that may be interrelated, such as historical resources that are part of a historic district or historical resources that are significant within the same historic context, and the Project’s contribution to the impact would be cumulatively considerable. A significant cumulative impact associated with a project and related projects would occur if the impact would render a historical resource no longer eligible for historic listing or designation. Even with implementation of mitigation measures, MM CUL-2 through MM CUL-4, the Project would have a significant and unavoidable impact on historic resources. Given the potentially considerable contribution to a cumulative impact, the Project would result in a significant and unavoidable cumulative impact on historic resources. There also is the potential for a cumulatively considerable impact to the Anaheim Convention Center as a result of individually minor but potentially collectively significant implementation of the Project over time. However, even if the maximum allowable new uses as identified by the Project were completed, the Anaheim Convention Center would continue to convey its historic significance. No aspect of the Project, individually or collectively, would result in alteration or demolition of the Anaheim Convention Center or its important physical characteristics. New construction proposed by the Project would be located across Katella Avenue, a distance of over 100 feet from the historical resource and would be subject to the design review constraints adopted in the DRSP, which would ensure cohesive development within the area. Therefore, potential cumulative impacts to the Anaheim Convention Center as a result of the Project would not be cumulatively considerable. A-196 The potential Disneyland Theme Park Historic District would retain the features and design characteristics that convey its historic significance, and it would not be materially impaired as a result of potential changes outside of the historic district boundary. The Project would not result in indirect impacts to the potential Disneyland Historic District as a result of new construction or other proposed changes in the DRSP or ARSP areas outside of the potential historic district boundary. Further, because there is no potential for indirect impacts due to the nature and significance of the potential Disneyland Theme Park Historic District, changes proposed by the Project outside of the district boundary would not be cumulatively considerable. In summary, given the potentially considerable contribution to a cumulative impact on historic resources with the Project’s potential modifications to the potential Disneyland Theme Park Historic District, the three individually eligible historic resources, and the Pope House, the Project would result in a significant and unavoidable cumulative impact related to historic resources. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable cumulative impact related to historic resources, which would be new when compared with the impact analyses in EIR No. 311 and SEIR No. 340. C. GREENHOUSE GAS EMISSIONS (Threshold 5.7) 1. Greenhouse Gas Emissions (Threshold 5.7a) This threshold analyzes whether the Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. (a) Findings Development of the Project would continue to involve integration of theme park and hotel uses which promotes pedestrian travel, use of pedestrian bridges and bicycle infrastructure, and continued use of mass transit from shuttles and light rail, and a would implement a variety of other key sustainability features. Although the net change related to the Project would not result in significant GHG emissions, when considered with the previously approved Disneyland Resort Project and the ARSP Project, of which the DisneylandForward Project is an amendment, total GHG impacts would be significant and unavoidable. As such, there are no other feasible mitigation measures to reduce the impacts to less than significant, and even with implementation of mitigation measures, standard requirements, and project design features, the Project would result in significant and unavoidable cumulative impacts related to greenhouse gas emissions. The following mitigation measures and standard requirements would apply to the Project: MM AQ-1: Prior to final building and zoning inspection, the property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified A-197 stationary sources. Copies of permits shall be given to the Planning Department. (EIR No. 311, MM 3.4-2; SEIR No. 340, MM 5.2-5) MM AQ-2: Ongoing during operation of The Disneyland Resort, the property owner/developer shall implement the following measures to reduce emissions: a. To the extent practicable, schedule goods movements for off-peak traffic hours. b. Use clean fuel for attraction rides and other uses, as practicable. (EIR No. 311, MM 3.4-3; SEIR No. 340, MM 5.2-1) MM AQ-3: Prior to issuance of the first building permit associated with a cumulative total of over 10,000 square feet of for theme park development in the Southeast District or Theme Park East Overlay, whichever occurs first, the property owner/developer shall submit a site and operations plan for this facility showing the location and configuration of the on-site cast financial and dining services in conformance with The Disneyland Resort Specific Plan. Prior to final building and zoning inspections associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, the property owner/developer shall provide cast financial and dining services within the Southeast District or Theme Park East Overlay and the Theme Park District to accommodate cast members. Ongoing during project operation, the property owner/developer shall continue to provide cast financial and dining services in conformance with The Disneyland Resort Specific Plan. (EIR No. 311, MM 3.4-4) MM AQ-4: Ongoing during project operation, the following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length of the out-of-area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction targets have been met through other means. (EIR No. 311, MM 3.4-6) MM AQ-6: Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export Plans. The plans shall include identification of offsite locations for material export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. (EIR No. 311, MM 3.8-5; SEIR No. 340, MM 5.2-4) A-198 MM AQ-9: Ongoing during project operation, the property owner/developer will implement a comprehensive and aggressive Transportation Demand Management (TDM) program for all project employees. (EIR No. 311, PDF 3.4-8) MM AQ-10: Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, that project design will incorporate the following energy-saving features. This energy savings will also contribute to reduced operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design and proper sealing of buildings. d. Use water-wise landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (EIR No. 311, PDF 3.4-6; SEIR No. 340, MM 5.2-6) MM AQ-14: Prior to issuance of a grading permit, if two or more dust- generating construction projects, which collectively will disturb 15 acres or more and which have demolition, excavation, or grading activity scheduled to occur concurrently, a Localized Significance Threshold analysis shall be prepared. If the LST analysis determines that the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, then modifications to construction equipment profiles, modifications to construction schedules, or additional pollution reduction measures shall be implemented. MM ENE-1: Prior to issuance of each building permit, the property owner/developer shall submit plans and calculations to demonstrate that the energy efficiency of each building will exceed the Title 24, Part 6, Building Energy Efficiency Standards current at the time of application by at least 10 percent. (EIR No. 311, MM 3.10.9-2 and MM 3.10.10-1; SEIR No. 340, SR 5.17-1 and MM 5.17-3) MM ENE-2: Prior to submittal of plans for electrical system improvements, any new system improvements (e.g., substation, line connections), if required, shall be constructed in accordance with the City’s Electric Rates, Rules and Regulations and Electrical Specifications. A-199 Electrical Service Fees and other applicable fees will be assessed in accordance with the then current Electric Rates, Rules and Regulations and Electrical Specifications. (EIR No. 311, MM 3.10.9-3; SEIR No. 340, MM 5.17-2) MM ENE-3: Prior to approval of each final building and zoning inspection, the Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy-efficient water heaters and furnaces. The property owner/developer shall implement a program, as required, to reduce the demand on natural gas supplies. (EIR No. 311, MM 3.10.10-2) MM ENE-4: Prior to issuance of each building permit, the property owner/developer shall demonstrate on plans that fuel-efficient models of gas-powered building equipment have been incorporated into the proposed project to the extent feasible. (EIR No. 311, MM 3.14-2) MM ENE-5: Prior to issuance of a building permit, the property owner/developer shall incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of renewable biofuels, solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. (SEIR No. 340, MM 5.17-4) SR ENE-1: Prior to the issuance of each building permit, the property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. (SEIR No. 340, SR 5.15-1) SR ENE-2: Prior to issuance of building permits, the property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable California Green Building Standards. (SEIR No. 340, SR 5.17-2) PDF ENE-1: Ongoing during project development and operation, the project shall be developed in conformance with The Disneyland Resort Specific Plan and shall offer a broad diversity of theme park, retail, dining and entertainment experiences which will enhance the destination resort character of The Disneyland Resort. As a result, many visitors will extend their length of stay; thus, incremental vehicular trips to and from the site are expected to be reduced. (EIR No. 311, PDF 3.14-1) MM HWQ-2: Prior to issuance of each building permit, the property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an A-200 irrigation system designed to minimize surface runoff and overwatering. Additionally: a. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit plans in accordance with Anaheim’s Landscape Water Efficiency Ordinance and Guidelines including: 1. Project Information 2. Maximum Applied Water Use expresses as annual totals. 3. Soil management report or specifications. 4. Landscape design plan. 5. Irrigation design plan. 6. Grading design plan. b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the Estimated Applied Water Use (EAWU) to be less than the Maximum Applied Water Allowance (MAWA) or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. (EIR No. 311, MM 3.7-3; SEIR No. 340, MM 5.15-4) MM HWQ-3: Ongoing during operation of the Disneyland Resort, the property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim including, but not limited to, private streets and parking lots on not less than a monthly basis. Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the property owner/developer’s NPDES permit and allowable based on drought restrictions. Nightly washdown shall be allowed in the theme parks and, where advisable to maintain safe and sanitary working conditions, the back-of-house area, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer’s NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. (EIR No. 311, MM 3.7-4; SEIR No. 340, MM 5.8-3) A-201 MM HWQ-4: Prior to each final building and zoning inspection (for non- Setback Realm Areas); prior to acceptance by City Engineer (for Setback Realm Areas), the property owner/developer shall submit a Certificate of Substantial Completion, as described in the Disneyland Resort Specific Plan, which establishes that the landscape irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (EIR No. 311, MM 3.7-5) MM HWQ-5: Ongoing during grading operations, the property owner/developer shall implement standard practices from all applicable codes and ordinances to prevent erosion. (EIR No. 311, MM 3.8-2) MM HWQ-6: Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. (EIR No. 311, MM 3.8-3; SEIR No. 340, MM 5.8-2) MM HWQ-7: Prior to issuance of each building permit, to reduce the project's demand on potable water, the property owner/developer shall install water lines onsite so that reclaimed water may be used for landscape irrigation and other purposes, if and when it becomes available. (EIR No. 311, PDF 3.7-1; SEIR No. 340, MM 5.8-5) PDF POP-1: Ongoing during project operations, The Walt Disney Company will recruit workers who are already a part of the resident work force in the region. Implementation of The Disneyland Resort Specific Plan will further efforts in offering employment opportunities at various socioeconomic levels. (EIR No. 311, PDF 3.9-1) MM TRA-8: Transportation Demand Management Program On-going during project operation, the need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with A-202 the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Walt Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target. • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be A-203 provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. A-204 o Telecommuting. The Disneyland Resort employs cast members in a wide variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. o Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. o Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. o Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. o Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit A-205 other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests o Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. The property owner/developer is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing materials for The Disneyland Resort will describe it as an "auto-free" zone with a range of transportation amenities where cars are not needed. o Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). (EIR No. 311, PDF 3.3- 15; SEIR No. 340, MM 5.14-5, MM 5.14-6, MM 5.14-8, MM 5.14- 9, and MM 5.14-23) MM TRA-9: Ongoing during project operations, the property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. (EIR No. 311, PDF 3.3-17; SEIR No. 340, MM 5.14-4) MM TRA-15: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during construction, a Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. (EIR No. 311, PDF 3.8-5) MM TRA-16: Prior to approval of each building permit, a Traffic Management Plan for phasing of roadway improvements, specifying the sequencing of construction to do the following: 1. Coordinate scheduling with other planned construction in the area. A-206 2. Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. 3. Outline procedures for any required traffic detours during construction, including provision of tour bus stops. 4. Phase each roadway improvement to allow access to all existing businesses/residential areas. In some instances this will require lane- by-lane renovation, temporary bypass roads, or traffic reroutes. 5. Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. 6. Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. 7. Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. 8. Identify how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with the City of Anaheim Traffic Management Center (TMC), the Anaheim Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of The Disneyland Resort. (EIR No. 311, PDF 3.8-6 and PDF 3.8-8) MM TRA-19: Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. (SEIR No. 340, MM 5.14-12) MM UTIL-1: Prior to issuance of building permits, among the water conservation measures to be shown on plans and implemented by the property owner/developer within the Specific Plan area include the following: • Use of low-flow sprinkler heads in irrigation system. • Use of waterway re-circulation systems. • Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self-closing valves on drinking fountains. A-207 • Use of reclaimed water for irrigation and washdown when it becomes available. • Continuation of the existing cooling tower recirculation system. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Low-flow shower heads in hotels. • Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances. • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water-conserving landscape plant materials wherever feasible. • Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas. (EIR No. 311, MM 3.10.6-2; SEIR No. 340, MM 5.15-1) MM UTIL-14: Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection, in order to conserve energy, the Disneyland Resort shall comply with the California Energy Code (Title 10), which may include the following: • Consultation with the City energy-conservation experts at the Anaheim Public Utilities Community and Sustainability Division for assistance with energy-conservation design features. • Use of high-efficiency air conditioning systems, connected if feasible to a computerized central energy management system, and meeting all control, scheduling and load efficiency requirements of the California Energy Code (Title 24, Building Efficiency Standards). • Use of electric high-efficiency (NEMA) motors intended to conserve energy. • While recognizing the unique lighting apparatus required for some theme park uses, use of motion sensing lightswitch devices and light-emitting diode (LED) energy-efficiency lighting fixtures for indoor and outdoor lighting when feasible, T8 lamps, metal hallide and/or high-pressure sodium (HID) lamps. • Incorporation of electric vehicle chargers into parking structures. (EIR No. 311, PDF 3.10.9-2; SEIR No. 340, MM 5.17-1) MM UTIL-17: Ongoing during theme park operations and prior to final building and zoning inspections of new theme park development, the A-208 property owner/developer shall implement a solid waste management plan which has been reviewed and approved by the Public Works Department to ensure that the project plans comply with AB 939, SB 1383 related to reducing organic waste in landfill, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim, and the County’s and City’s Integrated Waste Management Plans. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include the following plan components: a. Detailing the locations and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State, and City regulations for hazardous material disposal. d. Continuing participation in the City of Anaheim’s voluntary “Recycle Anaheim,” program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs at the Disneyland Resort, including: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collections and baling. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibition of curbside pick-up within The Disneyland Resort. (EIR No. 311, MM 3.10.3-2 and MM 3.10.3-3; SEIR No. 340, MM 5.19-1) MM UTIL-18: Ongoing during project operation, the existing solid waste recycling and waste minimization practices at The Disneyland Resort shall be expanded as feasible to serve new development in The Disneyland Resort. Existing practices include: • Usage of recycled paper products for stationary, letterhead, and packaging. • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. A-209 • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastic, kitchen grease, laser printer, toner, cartridges, oil, batteries, and scrap metal for recycling or recovery. (EIR No. 311, PDF 3.10.3-1; SEIR No. 340, MM 5.19-2) MM UTIL-20: Prior to issuance of each building permit, the property owner/developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. (SEIR No. 340, MM 5.19-4) MM UTIL-21: Ongoing during project operation, upon City request and no less than annually or more than semi-annually, the property owner/developer shall prepare and submit to the Planning Director or Planning Services Manager a consolidated Construction Waste Management Report for all development projects on Disney Properties demonstrating that at least 75 percent of non-hazardous construction and demolition debris has been recycled or salvaged, or has otherwise complied with the City’s waste diversion program, which Report shall identify the materials diverted from disposal and whether the materials have been sorted on site or co-mingled. (SEIR No. 340, MM 5.19-5) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly address GHG emissions as such analysis was not required in 1993. According to SEIR No. 340, buildout of the ARSP would result in direct and indirect GHG emissions that would be cumulatively considerable, and the project would have a significant and unavoidable impact. Project Specific Conclusion Construction Emissions – Temporary impacts would result from Project construction activities. GHGs would be emitted by off-road and on-road construction equipment and worker vehicles. Construction emissions were calculated using CalEEMod. The results of that analysis provide an order of magnitude estimate of annual GHG emissions that would result from implementation of the Project. The estimated GHG emissions from construction prior to implementation of mitigation are shown in Table 5.7-3 of the Draft Subsequent EIR, and the average annual emissions are 2,745 MTCO2e for both No Project and Project conditions. Since the Project would reallocate existing development approvals throughout the Project Site, construction activities, equipment types, and equipment quantities would be the same for the No Project and Project conditions. Additionally, because the only additional quantifiable mitigation specific to the Project is the use of Tier 4 engines, which creates no demonstrable difference in GHG emissions, the unmitigated and mitigated emissions would be the same. There are currently no applicable quantitative CEQA significance thresholds for GHG emissions. Since the Project would not involve additional GHG emissions above the No Project condition, the Project, considered in isolation from the underlying Disneyland Resort A-210 Project and ARSP Project, would result in a less than significant impact to GHG emissions related to construction emissions. However, because The DisneylandForward Project is an amendment to the overall Disneyland Resort Project as evaluated in EIR No. 311 and continued development of the Disney ARSP Properties as evaluated in SEIR No. 340, although the net emissions would be less than significant, the impact when considered with the previously approved Disneyland Resort Project and the ARSP Project would be significant and unavoidable. Operations Emissions – Long-term annual GHG emissions attributed to the Project would be generated from vehicle trips generated by the proposed land uses and from the increased use of electricity, natural gas, and water within the Project Site. GHG emissions were calculated as described in Table 5.7-6 of the Draft Subsequent EIR and emissions were estimated using the CalEEMod model. MM TRA-8 was incorporated into the model through the inclusion of CAPCOA measures T-3, T-6, T- 7, T-8, T-9, T-10, T-11, T-32, T-34, T-35, and T-39. These measures were incorporated for both Project and No Project scenarios because the VMT calculations used in CalEEMod did not take into account the existing and future Disney TDM Program. Similarly, MM ENE-1 was incorporated into the modeling for the entirety of the Project scenario and the ARSP portions of the No Project scenario, with the incorporation of CAPCOA measure E-1, because the energy calculations used in CalEEMod did not take into account the existing and future requirements of MM ENE- 1. Incorporation of the aforementioned CAPCOA reduction measures associated with MM TRA-8 and MM ENE-1 results in a combined 15% reduction of CO2e for both the Project and No Project scenarios. All other previously approved mitigation measures noted in Section 5.7.5 of the Draft Subsequent EIR, were not incorporated into the model, as they are already represented in the energy, waste, and water inputs for both the No Project and Project scenarios. These include MM AQ-1, MM AQ-2, MM AQ-3, MM AQ-4, MM AQ-6, MM AQ- 8, MM AQ-9, MM AQ-10, MM AQ-13, and MM AQ-14, PDF AQ-4, MM ENE-1 through MM ENE-5, PDF ENE-1, MM HWQ-2, MM HWQ-7, PDF POP-1, MM TRA-9, MM TRA-15, MM TRA-16, and MM TRA-19, and MM UTIL 1, MM UTIL-14, MM UTIL-17, MM UTIL-18, MM UTIL-20, and MM UTIL-21 and SR ENE-1 through SR ENE-3. Incorporation of the aforementioned CAPCOA reduction measures associated with MM ENE-1 and MM TRA-8 results in a combined 15% reduction of CO2e for both the Project and No Project scenarios. CalEEMod automatically considers the incorporation of CAPCOA reduction measures as ‘mitigation’, and therefore, outputs reflect the incorporation of these reduction measures in the results for ‘mitigated emissions’. However, as the incorporation of CAPCOA reduction measures is reflective of the existing Disneyland TDM program (MM TRA-8) and existing requirements set forth by MM ENE-1, these measures should be reflected in the unmitigated net daily operational emissions for both the Project and No Project scenarios. As there are no new mitigation measures and MM TRA-8 and MM ENE-1 represent previously approved mitigation from EIR No. 311 (MM TRA-8) and SEIR No. 340 (MM TRA-8 and MM ENE-1), no mitigated scenario is presented for Operational GHG Emissions. A-211 GHG emissions in 2045 are estimated to be 144,319 MTCO2e per year under No Project conditions and 143,907 MTCO2e per year under Project conditions. As mentioned previously, the Project would allow Disney to transfer previously approved development square footage and hotel rooms to other Disney Properties in the Project Site and no new uses are proposed beyond what was analyzed in EIR No. 311 and SEIR No. 340. As such, the number and types of GHG emission sources under the No Project and Project conditions are not expected to change. While the Project would result in a slight net reduction in GHG emissions over the No Project condition, the Project, which considered with the previously approved Disneyland Resort Project and the ARSP Project, would result in a significant unavoidable impact related to GHG emissions due to the magnitude of total GHG emissions of the prior projects. GHG Reduction Measures- The goal for GHG emission reductions on the plan and project level is to make a substantial contribution to the larger statewide and regional emissions reductions goals that have been and are being developed. GHG emissions from the Project Site would be reduced through the implementation of statewide measures, including, but not limited to, requirements for new vehicles to have reduced GHG emissions (i.e., the CAFE standards); the low carbon fuel standard; and the increasing amount of renewable energy generation. There are no new net impacts associated with GHG emissions as a result of the Project; consequently, no new mitigation is required. However, mitigation measures that are already applicable to the Project under existing conditions (No Project), such as those identified within EIR No. 311 and Draft Subsequent EIR No 340, are identified below and would apply to the Project. These measures would result in a reduction of GHG emissions associated with both construction and operation, under both the Project and No Project condition. Further, the Project would implement a number of efficiency and sustainability measures, including MMs ENE-1 through ENE-5, PDF ENE-1, MM UTIL 14, and PDF AQ-1 through PDF AQ-4. Ultimately, development of the Project would continue to provide world-class visitor- serving and recreational uses and continue to contribute to employment opportunities for local communities. The Project would involve integration of theme park and hotel uses which promotes pedestrian travel, use of pedestrian bridges and bicycle infrastructure, and continued use of mass transit from shuttles and light rail, and a would implement a variety of other key sustainability features detailed in Section 3.0, Project Description. The net change related to the Project would not result in significant GHG emissions and a less than significant impact would occur. However, when considered with the previously approved Disneyland Resort Project and the ARSP Project, of which the DisneylandForward Project is an amendment, GHG impacts would be significant and unavoidable. This impact would be new when compared to EIR No. 311, which did not address GHGs, and consistent with SEIR No. 340. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable impact. This impact would be new when compared with the analysis in EIR No. 311, which did not address GHG Emissions. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. A-212 2. Cumulative Impacts This discussion analyzes whether the Project would have a significant cumulative impact related to greenhouse gas emissions. (a) Findings The Project would be developed in accordance with the previously approved mitigation measures and goals established for the purpose of reducing the emissions of GHGs. While the development of the Project would be consistent with the GHG reduction goals, the Project would result in a cumulatively considerable contribution to a significant cumulative impact related to GHG because of the Project’s overall contribution of GHG emissions. As such, there are no other feasible mitigation measure to reduce the impacts to less than significant, and even with implementation of mitigation measures and standard requirements, the Project would result in significant and unavoidable cumulative impacts related to Greenhouse Gas Emissions. The following mitigation measures and standard requirements would apply to the Project: AQ-1 through MM AQ-11, MM AQ-13, MM AQ-14, MM ENE-1 through MM ENE-5, SR ENE-1 through SR ENE-3, PDF ENE-1, MM HWQ-2 through MM HWQ-7, PDF POP-1, MM TRA-8, MM TRA-9, MM TRA-15, MM TRA-16, MM TRA-19, MM UTIL-1, MM UTIL-14, MM UTIL-17, MM UTIL-18, MM UTIL- 20, MM UTIL-21 (see above). (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 did not directly address GHG emissions as such analysis was not required in 1993. According to SEIR No. 340, direct and indirect GHG emissions would be cumulatively considerable, resulting in a significant and unavoidable cumulative impact. Project Specific Conclusion It is accepted as very unlikely that any individual development project would have GHG emissions of a magnitude to directly impact global climate change; therefore, any impact would be considered on a cumulative basis. As discussed previously, the Project would be developed in accordance with the previously approved mitigation measures and goals established under local and State plans and legislation and consequently would not conflict with an applicable plan, policy, or regulation for the purpose of reducing the emissions of GHGs. While the development of the Project would be consistent with the GHG reduction goals, the Project would result in a cumulatively considerable contribution to a significant cumulative impact related to GHG because of the Project’s overall contribution of GHG emissions. Project Conclusion Compared to Previous EIR Conclusions The Project would result in a significant and unavoidable cumulative impact. This impact would be new when compared with the impact analysis in EIR No. 311, which A-213 did not address GHG emissions. This impact would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. D. NOISE (Threshold 5.11) 1. Construction Noise (Threshold 5.11a) This threshold analyzes whether the Project would result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies during construction. (a) Findings An extensive source level measurement survey provided noise data to develop a computer noise model. Bruel and Kjaer’s Predictor software (V2022 rev 1) was used to develop The Disneyland Resort noise model and the respective noise level contours, which determined the resulting sound levels due to construction will exceed the 60 dBA threshold at the property line, with sound levels expected to be approximately 65 to 75 dBA at the nearest sensitive receptors. While mitigation measures would reduce the overall noise levels, construction noise impacts for the development of the Project would exceed established thresholds and impacts would be significant and unavoidable. As such, although mitigation measures would reduce the construction noise impacts by providing noise reduction measures such as physical construction sound barriers and mufflers, and limiting construction noise times and distances from residences, there are no other feasible mitigation measures to further reduce the impact to less than significant. Therefore, even with implementation of mitigation measures and standard requirements, the Project would result in significant and unavoidable cumulative impacts related to construction noise. The following mitigation measures and standard requirements would apply to the Project: MM NOI-8: Ongoing during construction, the property owner/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. (EIR No. 311, MM 3.8-9; SEIR No. 340, MM 5.10-1) MM NOI-9: Prior to issuance of each building permit, the property owner/developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the California Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures, such as but not limited to acoustic sound barriers, shall be implemented by the property owner/developer prior to final building and zoning inspections. (SEIR No. 340, MM 5.10-2) A-214 MM NOI-10: Prior to issuance of each building permit for construction within 75 feet of noise sensitive receptors, a note shall be provided on building plans indicating that during construction, the property owner/developer shall install and maintain specially designed construction barriers between the project perimeter and the sensitive receptor. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. (EIR No. 311, MM 3.8-8; SEIR No. 340, MM 5.10-5) MM NOI-11: Ongoing during construction and project operation, pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations and in areas along the property line or accessible by the public shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. (SEIR No. 340, MM 5.10-6) MM NOI-12: Ongoing during construction, property owners/developers shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 PM and 7:00 AM of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. (SEIR No. 340, MM 5.10-8) MM NOI-13: Prior to issuance of each building permit, a note shall be provided on plans indicating that there shall be no operation of clam shovel drops or vibratory rollers within 25 feet of any existing home. (SEIR No. 340, MM 5.10-11) MM NOI-14: Prior to issuance of each building permit on Disney ARSP Properties, if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department to assess and mitigate potential noise and vibration impacts related to these activities, including site design features such as setbacks and trenches. (SEIR No. 340, MM 5.10-12) MM NOI-17: Prior to the issuance of each building permit, grading permit or demolition permit, a note shall be provided on the plans stating that ongoing during construction, the property owner/developer shall designate A-215 a noise disturbance coordinator who would respond to neighborhood complaints about construction noise by determining the cause of the noise complaints and requiring implementation of reasonable measures to correct the noise issue. MM NOI-18: Ongoing during construction, the property owner/developer shall locate all stationary noise-generating equipment such as air compressors and portable generators a minimum of 75 feet from noise sensitive receptors. MM NOI-19: Ongoing during construction, no impact driven piles shall be allowed in conjunction with the construction of parking structures. (EIR No. 311, MM 3.5-6) SR NOI-1: Prior to issuance of grading and/or building permits, contractor specifications shall include a note indicating that noise-generating construction activities which produce a sound pressure level at any point along the property line in excess of 60 dBA shall be limited to between the hours of 7:00 AM to 7:00 PM on any day. This requirement is identified in Section 6.70.010 of the City of Anaheim’s Noise Ordinance. Additional work hours may be permitted if deemed necessary by and on approval of the Director of Public Works or Building Official. (EIR No. 311, MM 3.8-7; SEIR No. 340, SR 5.10-1) MM TRA-13: Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during grading and construction, a Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan shall show conformance with the external noise limits for construction between 7 p.m. and 7 a.m. The Plan shall also prohibit construction traffic on residential streets where improvements are not planned and shall provide measures to ensure that truck drivers are directed away from residential streets and travel on approved routes only. Measures to assist in guiding truck movement on the arterial roadway system include, but are not limited to, provision of truck route maps to truck drivers and placement of flagpersons and construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions and potential repairing and/or repaving by property owner/developer after completion of construction as required by the City Engineer. (EIR No. 311, PDF 3.8-3) (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 found construction noise impacts would be reduced to less than significant with implementation of mitigation measures. SEIR No. 340 concluded that construction activities associated with future development within the ARSP area have the potential to significantly impact noise-sensitive receptors, and, as a result, found a significant and unavoidable construction noise impact. A-216 Project Specific Conclusion Analysis of the existing noise and potential increases in noise associated with implementation of the Project is based on technical reports, noise monitoring, and noise prediction modeling conducted as part of the Project’s Noise Study conducted by Veneklasen, dated June 2023 and included as Appendix I to the Subsequent EIR. The model utilized existing noise levels and the noise monitoring on-site to express current and potential future noise levels throughout the Project site. The model was created using ISO 9613, “Attenuation of sound during propagation outdoors". Based on the computer model, the resulting sound levels due to construction will exceed 60 dBA at the property line, with sound levels expected to be approximately 65 to 75 dBA at the nearest sensitive receptors. The most notable impact will occur in the Toy Story Parking Area (future Southeast District and Theme Park East Overlay) when construction is occurring closest to the property line generally within 100 feet. However, the southern and eastern perimeters of this area includes an existing 12- to 16-foot barrier wall previously constructed to mitigate noise impacts from construction and operation of the existing parking lot. When future construction activity moves towards the center of the Toy Story Parking Area, the impact will be gradually reduced. Mitigation measures will also be implemented to limit the amount of disturbance during construction, such construction barriers throughout the Project Site to reduce noise (MM NOI-10; MM TRA-13), assigning a noise disturbance coordinator to respond to neighborhood complaints and adjust operations causing the complaints (MM NOI-17), and locating stationary construction equipment a minimum of 75 feet from noise- sensitive receptors (MM NOI-18). Implementation of MM NOI-8 requiring that that the property owner/developer ensure all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers; MM NOI-9 requiring submittal of a noise study identifying if noise attenuation is required and, if so, proposing noise attenuation measures; MM NOI-11 limiting pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical consideration along the property line to daytime hours of operation between 7:00 a.m. and 8:00 p.m.; MM NOI-12 requiring the property owner/developer to pay all reasonable costs associated with construction noise monitoring to confirm noise between the hours of 7:00 pm to 7:00 am does not exceed the 60 dBA threshold; MM NOI-13 requiring that prior to issuance of each building permit, a note shall be provided on plans indicating that there shall be no operation of clam shovel drops or vibratory rollers within 25 feet of any existing home; MM NOI-14 requiring preparation of a noise and vibration analysis if pile driving and blasting is anticipated during construction on Disney ARSP Properties to assess and mitigate potential noise and vibration impacts related to these activities; and MM NOI-19 prohibiting use of impact driven piles in conjunction with construction of parking structures. Although these mitigation measures would help to reduce the overall noise levels, they may not reduce construction noise impacts to less than significant. Project Conclusion Compared to Previous EIR Conclusions The Project may result in a temporary potentially significant and unavoidable construction noise impact even with the implementation of mitigation measures. This A-217 impact would be new when compared with the impact analysis in EIR No. 311, but not new or substantially more severe and consistent with the impact analysis in SEIR No. 340. 2. Cumulative Impacts – Construction Noise This discussion analyzes whether the Project would have a significant cumulative impact related to construction noise (a) Findings Cumulative short-term noise impacts are still anticipated to result from construction of the Project as the Project would surpass the noise threshold, even with mitigation. The Project’s contribution may be cumulatively considerable and therefore would contribute to a significant and unavoidable cumulative impact. Additionally, if cumulative projects were also to be constructed at the same time and in close proximity to the edges of the Project Site, a higher level of noise and/or a longer cumulative period of noise would result when compared to just the Project itself, which would contribute to a significant and unavoidable cumulative impact. As such, there are no other feasible mitigation measure to reduce the impacts to less than significant and even with implementation of mitigation measures and standard requirements, the Project would result in significant and unavoidable cumulative impacts related to construction noise. The following mitigation measures and standards requirements would apply to the Project: MM NOI-8 through MM NOI-14, MM NOI-17 through MM NOI-19, SR NOI-1, MM TRA-13 (see above). (b) Findings of Fact Conclusions in Prior EIRs EIR No. 311 concluded that residents within 100 feet of construction areas would be exposed to construction noise between 69 and 73 dBA when grading occurs; however, due to the short-term nature of construction noise this would not represent a significant cumulative impact. SEIR No. 340 concluded that buildout of the ARSP would contribute to a significant and unavoidable cumulative construction noise impact; impacts related to construction vibration would not contribute to a cumulative significant impact. Project Specific Conclusion The Project as well as other cumulative projects have the potential to result in short- term noise impacts. Noise and vibration impacts during construction would be localized and would occur intermittently for varying periods of time throughout the construction periods of future development activities within the Project Site. The Project would reduce noise and vibratory impacts during construction by complying with the City’s noise ordinance, as well as by implementing MM NOI-6, MM NOI-8, MM NOI-10, MM NOI-11, MM NOI-12, MM NOI-13, MM NOI-14, and MM NOI-17; however, cumulative short-term noise impacts are still anticipated to result from construction of A-218 the Project. The Project’s contribution may be cumulatively considerable and therefore would contribute to a significant and unavoidable cumulative impact. Similarly, and due to the highly developed nature of this portion of the City, other construction projects in the area may also significantly impact sensitive receptors. Cumulative construction projects would be required to evaluate their cumulative contributions to construction-related noise and to comply with City Code and incorporate appropriate mitigation measures, which would help to reduce cumulative noise impacts. However, if cumulative projects were also to be constructed at the same time and in close proximity to the edges of the Project Site, a higher level of noise and/or a longer cumulative period of noise would result when compared to just the Project itself, which would contribute to a significant and unavoidable cumulative impact. Project Conclusion Compared to Previous EIR Conclusions Even with implementation of mitigation measures, the Project would result in a significant and unavoidable cumulative impact related to construction noise. This impact would be increased when compared with the impact analysis in EIR No. 311 but would not be new or substantially more severe when compared with the impact analysis in SEIR No. 340. VIII. Irreversible Environmental Changes, Growth Inducement, and Other CEQA Considerations Section 7.0 of the Draft Subsequent EIR describes irreversible environmental changes, growth-inducing impacts, and other CEQA considerations. A. IRREVERSIBLE ENVIRONMENTAL CHANGES CEQA Guidelines Section 15126(d) requires a Draft EIR to describe any significant irreversible environmental changes which would occur as a result of the proposed action should it be implemented. Construction and long-term operation of the Project would require the commitment and reduction of nonrenewable and/or slowly renewable resources, including petroleum fuels and natural gas (for vehicle emissions, construction, lighting, heating, and cooling of structures) and lumber, sand/gravel, steel, copper, lead, and other metals (for use in building construction, piping, and roadway infrastructure). Other resources that are slow to renew and/or recover from environmental stresses would also be impacted by Project implementation, such as air quality through the combustion of fossil fuels and production of greenhouse gases and water supply through the increased potable water demands for drinking, cooking, cleaning, landscaping, and general maintenance needs. An increased commitment of public services (e.g., police, fire, and sewer and water services) would also be required. Therefore, implementation of the Project would result in an irreversible commitment of land, energy resources, and public services. Restoration of the Project Site to pre-developed conditions would not be feasible given the degree of disturbance, the urbanization of the area, and the level of capital investment. In addition, the Project Site is currently entitled for additional development associated with buildout of The Disneyland Resort and the ARSP, which would A-219 increase the demand for nonrenewable resources as detailed above. Because the only increase to development square footage associated with the DisneylandForward Project includes an increase of 4,376 theme park-related parking spaces in the ARSP at the 333 West Ball Road site (ARSP Parking Overlay), there would be no net increase in hotel or theme park development compared to existing entitled conditions. The DisneylandForward Project would also introduce a greater level of efficiency through the mitigation measures and project design features discussed throughout this Draft Subsequent EIR. While many of these efficiencies would be implemented or achieved with or without the DisneylandForward Project, the anticipated demand for nonrenewable resources would be no greater than what would occur without the DisneylandForward. B. GROWTH-INDUCING IMPACTS Pursuant to CEQA Guidelines Sections 15126(d) and 15126.2(e), this section is provided to examine ways in which the Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. To address this issue, potential growth-inducing effects are examined through analysis of the following questions: 1. Would this proposed project remove obstacles to growth (e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area or through changes in existing regulations pertaining to land development)? 2. Would this proposed project result in the need to expand one or more public services to maintain desired levels of service? 3. Would this proposed project encourage or facilitate economic effects that could result in other activities that could significantly affect the environment? 4. Would approval of this proposed project involve some precedent-setting action that could encourage and facilitate other activities that could significantly affect the environment? Obstacles to Growth – New and modified infrastructure facilities are required to accommodate the Project including improvements to on and off-site sewer, water, and electrical facilities and vehicular circulation improvements. The Project would not introduce increased roadway capacity in areas that are not already fully developed or planned for development and redevelopment with urban uses, and therefore would not induce unplanned growth. Additionally, the utility infrastructure installed as part of the Project would be sized and located expressly to serve the Project Site (existing and proposed uses), entitled uses, and anticipated growth associated with related projects buildout of the ARSP, and would not, therefore, induce growth in the immediate vicinity. Overall, approval of the Project and associated discretionary actions would accommodate growth, including economic growth, associated with existing entitlements associated with The Disneyland Resort and the ARSP but would not remove an existing regulatory obstacle to growth, but rather, would allow A-220 for flexibility in the continued development of the Project Site with entitled uses. This is consistent with the findings of EIR No. 311. The Project is not, therefore, considered to be growth-inducing with respect to removal of obstacles to growth. Expansion of Public Services – The Project would potentially increase the demand for public services (police and fire), however all expanded facilities would be located within the development footprint of the DisneylandForward Project. Therefore, the Project would not necessitate the expansion of existing public service facilities outside the limits of the Project Site in order to maintain desired levels of service. In the event that these facilities or associated resources do need to be expanded in off-site areas, funding mechanisms are in place through existing regulations and standard practices to accommodate such growth. The Project would not, therefore, have significant growth-inducing consequences with respect to public services. This would be consistent with the findings of EIR No. 311 and SEIR No. 340. Encourage Economic Effects – During project-specific construction associated with the Project, a number of design, engineering, and construction- related jobs would be created, which would last until project-specific construction was completed. This would provide economic stimulus in the area; however, these jobs typically would be filled by existing residents of the region and would not be substantial enough to foster other activities that would have significant effects on the environment. In addition, the Project would result in the addition of employees, which the majority of the anticipated employment positions are typical of the existing employment on the Project Site and within the City associated with visitor-serving uses and may not offer a unique enough opportunity to induce job seekers to relocate to the area for the sole purpose of filling these positions. Nonetheless, implementation of the Project may result in the creation of indirect and induced jobs. Indirect jobs are those that would be created when goods and services are purchased from businesses in the region, and induced jobs are those that are created when wage incomes of those employed in direct and indirect jobs are spent on the purchase of goods and services in the region. This would be consistent with the findings of EIR No. 311 and SEIR No. 340. Precedent-Setting Action – The Project involves continued development of entitled uses and does not involve any changes in the type or amount of allowed development on the Project Site or in the City, with the exception of an increase of 4,376 theme park-related parking spaces in the ARSP. Additionally, these actions, which include flexibility for future development, are Project-specific and would not encourage and facilitate other activities. The Project would continue to function as a visitor-serving use and would be generally consistent with existing land use and planning policies. No changes to any of the City’s building safety standards (i.e., building, grading, plumbing, mechanical, electrical, fire codes) are proposed or required to implement the Project. Regulatory requirements, and Project-specific mitigation measures have been identified in Sections 5.1 through 5.16 to ensure that implementation of the Project complies with all applicable City plans, policies, and ordinances, as A-221 applicable, to ensure that there are no conflicts with adopted land development regulations and that environmental impacts are minimized. The Project does not propose any precedent-setting actions that, if approved, would specifically allow or encourage other projects and resultant growth to occur. This would be consistent with the findings of EIR No. 311 and SEIR No. 340. IX. Project Alternatives The Draft Subsequent EIR in Section 6.0 considered three alternatives to the Project including Alternative 1- No Project/Continuing Development, Alternative 2- Restrict Removal or Substantial Changes to Listed Historic Features, and Alternative 3 – Development with No Theme Park East Overlay. The three alternatives analyzed in the Draft Subsequent EIR are discussed below, including the basis for rejecting each alternative. In addition, other alternatives were considered and rejected as infeasible as described in Section 6.4 of the Draft Subsequent EIR. A. ALTERNATIVE 1 - NO PROJECT/CONTINUING DEVELOPMENT 1. Summary of Alternative According the Section 15156.6(e) of the CEQA Guidelines, a “no project” alternative shall be evaluated to allow decisionmakers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Additionally, the no project alternative may represent the continuation of an existing land use or ongoing operation into the future. Thus, the following analysis focuses on the impacts of the Project in comparison to the impacts that would occur under the existing plans, in this case continued development of The Disneyland Resort Project and the ARSP, analyzed in EIR No. 311 and SEIR No. 340, respectively. The No Project/Continuing Development Alternative assumes that the General Plan land use designations, DRSP Development Districts, and DRSP and ARSP development standards and regulations would remain as they currently pertain to the Project Site. Assumptions include that the 489.7-acre Disneyland Resort Project would proceed as approved, but that the benefits associated with coordinating infrastructure, design, and streetscape improvements between the DRSP and the ARSP as detailed for the DisneylandForward Project would not be realized. Additionally, future development and redevelopment would be subject to existing entitlements and would be specifically limited to the Districts and Overlays as defined by the existing DRSP and ARSP. The No Project/Continuing Development Alternative would assume that current land use designations, development standards and regulations would remain as they do today, pursuant to the DRSP and ARSP. The DRSP and ARSP areas would continue to be developed in accordance with the current DRSP and ARSP, respectively, and all approved amendments. Under current conditions, development has occurred pursuant to the DRSP and the ARSP; therefore, much of the coordination related to infrastructure, design, and streetscape improvements has already occurred, creating three distinct but complimentary specific plan areas. A-222 2. Reasons for Rejecting Alternative A detailed comparison between impacts identified in the Project and Alternative 1 is detailed in Section 6.5.1. Project Objectives The No Project/Continuing Development Alternative would allow for continued development of The Disneyland Resort according to current entitlements which would achieve the Project objectives. Under the current DRSP development structure, theme park uses are only allowed in the Theme Park District. As of the date of the Notice of Preparation of this Draft Subsequent EIR, October 21, 2021, Disney has developed approximately 45 percent of the approved square footage for theme park uses, even though most of the Theme Park District is built out. Future development, including additional theme park square footage, would require expansion into new areas or replacement of existing uses in the existing Theme Park District with more dense development. Accordingly, because expansion of theme park uses into new areas would not occur under the No Project/Continuing Development Alternative, this alternative would limit the ability to develop new immersive theme park experiences that would meet and exceed guest expectations. Without allowing for flexibility to meet guest expectations, the Disneyland Resort would attract fewer theme park guests, resulting in decreased economic benefits when compared with the DisneylandForward Project. Therefore, this alternative would not support any of the identified Project objectives to the same degree as the Project. Conclusion The No Project/Continuing Development Alternative, when compared to the DisneylandForward Project, would result in reduced impacts related to Cultural Resources and greater impacts related to Aesthetics, Air Quality, Land Use and Planning, and Tribal Cultural Resources. B. ALTERNATIVE 2 – RESTRICT REMOVAL OR SUBSTANTIAL CHANGES TO HISTORIC FEATURES 1. Summary of Alternative The Alternative to Restrict Removal or Substantial Changes to Listed Historic Features would not allow any future modifications to, or removal of, the structures determined to be historic resources as defined by CEQA. This alternative would continue to allow the transfer of uses permitted under The Disneyland Resort Project to other areas of the DRSP and Disney ARSP Properties, as proposed by the Project, however, any future modifications could not substantially impact the potential Disneyland Theme Park Historic District, the three individually eligible structures (the Hungry Bear Restaurant, Pirates of the Caribbean and the Main Street Railroad Depot), or the Pope House. Substantial changes include changes or alterations that result in a material change such that the resources no longer convey historic significance. As detailed in Section 5.4, Cultural Resources, the majority of modifications anticipated for the potential Disneyland Theme Parks Historic District would not result in a material change that would affect this potential district. This Draft Subsequent EIR analyzes the potential A-223 for demolition or substantial changes and finds a significant and unavoidable impact. However, because these four features are limited to currently developed areas within Disneyland and its back-of-house area, most of the DisneylandForward Project would continue to be implemented as proposed, especially within areas outside of the potential Disneyland Theme Parks Historic District. 2. Reasons for Rejecting Alternative A detailed comparison between impacts identified in the Project and Alternative 2 is detailed in Section 6.5.2. Project Objectives The Alternative to Restrict Removal or Substantial Changes to Listed Historic Features would not meet the underlying purpose of the Project and would totally prevent most updates and changes to Disneyland. Implementation of the Alternative to Restrict Removal or Substantial Changes to Listed Historic Features would restrict substantial modification or removal of potential historic resources, including the potential Disneyland Theme Park Historic District, the three historic resources within Disneyland (the Hungry Bear Restaurant, Pirates of the Caribbean and the Main Street Railroad Depot), and the potentially individually eligible Pope House; therefore, this alternative would frustrate Disney’s objective of being able to change the resort as Disney imagines new and more exciting entertainment for guests. Additionally, this Alternative would not meet other Project objectives listed below to the same degree as the DisneylandForward Project in that limiting the flexibility of future redevelopment of specific elements would limit Disney’s ability to maximize future guest experiences, potentially limit the volume of visitors seeking new and ever- changing experiences, and limit the ability to more meaningfully contribute to the economic growth of the City. Infeasibility As further detailed in the Historical Resources Technical Report, prepared by HRG in May 2023, and included as Appendix D-2 to the Draft Subsequent EIR, given there are contributing resources throughout Disneyland, implementation of the Alternative to Restrict Removal or Substantial Changes to Listed Historic Features would be infeasible for the reasons noted above, including inhibiting Disney’s ability to provide new theme park experiences and maximize future guest experiences, potentially limiting the volume of visitors seeking new and ever-changing experiences, and limiting the ability to more meaningfully contribute to the economic growth of the City. Conclusion This alternative would avoid or substantially lessen the Project’s significant impact on cultural resources; however, the remaining impacts would be similar to those of the Project. The retention of the four features would eliminate the potentially significant and unavoidable impact related to the loss of historic resources, thus reducing the impacts of the Project. A-224 C. ALTERNATIVE 3 – DEVELOPMENT WITH NO THEME PARK EAST OVERLAY 1. Summary of Alternative The Development With No Theme Park East Overlay Alternative would restrict future development of the 52.6-acre parcel located at 1900 South Harbor Boulevard, identified as the ARSP Theme Park East Overlay in the Project, to current uses allowed under the ARSP. As shown in Table 3-2, maximum allowable development for this property under the ARSP would be 3,348 hotel rooms, or the property could remain as the Toy Story Parking Lot through June 26, 2024 under Conditional Use Permit No. 2006- 05103C, which has a maximum of 4,635-surface parking spaces. The parcel would remain within the ARSP C-R District in the Low-Medium Density, which allows for development of up to 75 hotel rooms per acre. Although the parcel would be developed and included as part of this alternative, no theme park uses would be permitted on this parcel under this alternative. As detailed in Section 3.0, Project Description, Section 18.116.070 of the City of Anaheim Municipal Code would allow the development of theme parks, entertainment venues, and transportation facilities on this property with approval of a conditional use permit (CUP); however, no CUP would be requested with this alternative. Future development of the remainder of the Project Site would be pursuant to the DisneylandForward Project. This alternative also assumes the planned extensions of Clementine Street and Gene Autry Way would be removed as part of this alternative, thus adjusting the current acreage associated with the parcel to include these street rights-of-way. This alternative would not modify the development potential associated with the DisneylandForward Project; instead, it would restrict development of theme park uses to specific areas. With the removal of the parcel at 1900 South Harbor Boulevard, the remainder of the maximum theme park square footage would be developed elsewhere within the DisneylandForward site, as shown in Table 3-2, Uses Currently Allowed Under DRSP/ARSP For Disney Properties, with the exception of theme park uses on the Theme Park East Overlay. The DisneylandForward Project would not increase the amount of development square footage or hotel rooms currently allowed in the DRSP and analyzed in Environmental Impact Report No. 311, which the City certified in 1993, or the number of hotel rooms currently allowed in the ARSP and analyzed in Supplemental Environmental Impact Report No. 340, which the City certified in 2012. Similarly, this alternative would neither increase nor reduce the amount of hotel rooms currently allowed in the ARSP for the parcel at 1900 South Harbor Boulevard. The purpose of this alternative is to try to reduce or avoid potential noise impacts on adjacent residential uses associated with developing theme park uses on the parcel located at 1900 South Harbor Boulevard. 2. Reasons for Rejecting Alternative A detailed comparison between impacts identified in the Project and Alternative 3 is detailed in Section 6.5.3. Project Objectives The Development With No Theme Park East Overlay Alternative would not support the identified Project objectives to the same degree as the DisneylandForward Project, A-225 primarily because limiting the potential expansion of theme park uses into new areas limits the potential to attract the same volume of new visitors to the area as would the DisneylandForward Project, which would support a more immersive theme park and hotel experience. Implementation of this alternative would not allow for the potential for development of theme park uses at 1900 South Harbor Boulevard (known as the proposed Theme Park East Overlay), thus limiting the potential for meeting the changing demands of future tourism in Southern California and the City of Anaheim. This alternative also likely would limit the introduction of theme park uses into the DRSP Southeast District given its smaller size relative to the Theme Park East Overlay. As discussed in the Section 3.0, Project Description, the Southeast District is 24.7 acres and allocated up to 390,000 square feet of theme park uses while the Theme Park East Overlay is 52.6 acres (more than twice the size of the Southeast District) and allocated up to 840,000 square feet of theme park uses. Without development of theme park uses in the Theme Park East Overlay, the Project would lack the synergy important to develop both properties with theme park uses. Infeasibility As discussed in the Draft Subsequent EIR, implementation of the Development With No Theme Park East Overlay Alternative would be infeasible due to the lack of adequate land in the Southeast District to create a theme park. Conclusion Implementation of the Development With No Theme Park East Overlay Alternative would result in substantially similar impacts when compared with the Project. Although impact conclusions would be consistent with the Project, this alternative would create minor differences in the severity of impacts related to Noise. Specifically, according to the Noise Study summarized in Section 5.11, Noise, theme park operations represent a worst case scenario when compared to hotel uses; however, impacts would be reduced to less than significant levels under either scenario. Therefore, this alternative would not avoid or decrease the significant and unavoidable impacts related to Air Quality, Cultural Resources, GHG Emissions, or Noise associated with the DisneylandForward Project. D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires the identification of an environmentally superior alternative. CEQA Guidelines Section 15126.6(e)(2) states that if the No Project Alternative is the environmentally superior alternative, then the Draft EIR shall also identify an environmentally superior alternative among the other alternatives. Table 6-3 provides, in summary format, a comparison of the impacts for each alternative to the Project. Table 6-3 identifies whether the respective alternatives would have similar, less, or greater impacts compared to the impacts of the DisneylandForward Project. The Restrict Removal or Substantial Changes to Listed Historic Features Alternative has the least impact to the environment because it would eliminate a potential significant and unavoidable impact by retaining the potential Disneyland Theme Park Historic District, the three individually eligible features within the potential Disneyland Theme Park Historic District (the Hungry Bear Restaurant, Pirates of the Caribbean A-226 and the Main Street Railroad Depot), and the potentially individually eligible Pope House. While this alternative would be environmentally superior to the DisneylandForward Project, it would not meet most of the Project Objectives, particularly the following: • To support the continued reimagination of The Disneyland Resort to meet and exceed evolving guest expectations for immersive entertainment and technological advances in theme park and other resort experiences. • To continue to fulfill the following vision of Walt Disney: “Disneyland will never be completed…It will continue to grow as long as there is imagination left in the world.” Additionally, this Alternative would not meet other Project objectives listed below to the same degree as the DisneylandForward Project in that limiting the flexibility of future redevelopment of specific elements would limit Disney’s ability to maximize future guest experiences and more meaningfully contribute to the economic growth of the City. • To reconfirm and enhance Southern California as one of the world’s greatest tourist destinations; • To support the ongoing transformation of The Anaheim Resort into a multi-day destination resort for use by Southern California metropolitan area residents, as well as visitors from around the world; • To promote the goals of the Anaheim General Plan by enhancing visitor-serving commercial uses in the City and to provide a catalyst for the economic and physical enhancement of Anaheim; • To support the buildout of a fully integrated resort that increases visitation levels and generates an economic base capable of supporting project components consistent with the objectives of the City; • To maintain and enhance the economic vitality of the City of Anaheim and Orange County by providing business and job opportunities associated with the construction and operation of The Disneyland Resort; • To enhance The Anaheim Resort by providing a wider range of attractions, hotel accommodations, restaurants, shopping opportunities, and public parking; • To maintain and encourage Anaheim’s position as a nationally recognized tourist, convention and recreation center; • To increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property; and • To encourage the development of quality facilities that complement conventions, family entertainment, and recreation within appropriate areas of the community. A-227 X. Statement of Overriding Considerations CEQA, California Public Resources Code Section 21000, et seq. (Public Resources Code § 21081(b) and CEQA Guidelines § 15093), requires a public agency to balance the benefits of a project against the project’s significant and unavoidable adverse impacts in determining whether to approve the project. The DisneylandForward Project, encompassing the approvals listed previously in Section III. Project Description and detailed in Section 3 of the Draft Subsequent EIR, will result in environmental effects, which, although mitigated to the extent feasible by the implementation of mitigation measures required for the Project, will remain significant and unavoidable, as discussed in the Final Subsequent Environmental Impact Report (EIR) and CEQA Findings of Fact. Significant and unavoidable impacts related to Air Quality, Cultural Resources, Greenhouse Gas Emissions, and Noise are the impacts for which this Statement of Overriding Considerations is required. Details related to each significant and unavoidable impact are detailed above. The Anaheim City Council finds and determines in approving the DisneylandForward Project that the Final Subsequent EIR has considered the identified means of mitigating or avoiding the Project's significant effects and that to the extent any significant environmental effect remains unavoidable or not mitigated to below a level of significance after mitigation, such impact is acceptable in light of the social, legal, economic, environmental, technological and other Project benefits discussed below, and such benefits override, outweigh, and make "acceptable" any such remaining environmental impacts of the project (CEQA Guidelines § 15092(b)). The Project will provide the following benefits and considerations, taken together or individually, outweigh such significant and unavoidable adverse environmental impacts. All of these benefits and considerations are based on the facts set forth in the Findings, the Final Subsequent EIR (including, without limitation, the Draft Subsequent EIR, including appendices, the response to comments, and the record of proceedings for the Project.) The Anaheim City Council determines that the evidence in the record constitutes substantial evidence to support the determinations made in this Statement of Overriding Considerations, that the facts stated in this document and in the Findings are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, staff reports and all materials in the City’s Project files. The Anaheim City Council also determines that to the extent other evidence was presented that is contrary to the determinations made herein or in the Findings, such evidence was nevertheless considered, weighed and determined to be either lacking in credibility or insufficient in weight to detract from the determinations made herein or in the Findings such that the Anaheim City Council reached these determinations after due consideration of all evidence presented to it. Each of these benefits and considerations is a separate and independent basis that justifies approval of the Project, so that if a court were to set aside the determination that any particular benefit or consideration will occur and justifies project approval, the Anaheim City Council determines that it would stand by its determination that the remaining benefit(s) or consideration(s) is or are sufficient to warrant project approval. Facts in Support of Statement of Overriding Considerations: The Anaheim City Council hereby finds that the substantial benefits resulting from implementation of the A-228 Project outweigh the potential unavoidable adverse effects related to air quality, cultural resources, greenhouse gas emissions, and noise. The Anaheim City Council has reviewed the substantial evidence before this decision-making body and concludes these potentially significant unavoidable impacts are acceptable based upon the overriding considerations set forth in these Findings. Any of these overriding considerations is sufficient to support the Anaheim City Council’s determinations herein: 1. Provides Economic Benefits to the City of Anaheim: The Disneyland Resort is the largest employer in the City of Anaheim and is one of the main engines supporting the City’s economy. Based on a June 5, 2023 study conducted by California State University, Fullerton, for every $1,000,000,000 Disney invests in the City of Anaheim, the City of Anaheim receives $15,000,000 in annual tax revenue from Resort operations and $253,000,000 in economic output. The DisneylandForward Project is expected to generate revenue to the City from transient occupancy taxes (TOT) and sales taxes and Disney is not requesting any public funding for the Project. This additional revenue will increase the City’s General Fund, which is used for a wide variety of public benefits, including funding police and fire personnel and resources, local school districts, parks, libraries, and capital improvements. 2. Provides Jobs: The DisneylandForward Project will require local workers to fill construction and skilled labor jobs over the 40-year buildout period. Because the Project will be developed over an extended timeframe, permanent part-time and full-time jobs also will be required over this same period and into the future. These jobs will be available to local workers and will include hotel, theme park, retail, dining, and other service industry work. Based on a study conducted by California State University, Fullerton, for every $1,000,000,000 Disney invests in the City of Anaheim, 4,480 construction jobs over a four-year period and 2,292 operational jobs are added to the local economy. 3. Sustainability and Efficiency: The Project will continue to implement sustainability features that go beyond compliance with federal, State and local environmental rules and regulations. The Project will incorporate key sustainability features, including the following: high-efficiency lighting and other electrical equipment; water efficient landscaping and irrigation systems; water saving fittings, fixtures, and equipment; incorporation of electric vehicle chargers; use of recycled paper products; and recovery and recycling of materials. 4. Increased Pedestrian Safety: The Project has been designed to increase pedestrian circulation and safety throughout The Anaheim Resort. The Project proposes new and enhanced pedestrian linkages between land uses and areas of the Project Site, including landscaped walkways, promenades, and plazas. The Project also includes grade-separated pedestrian bridges or crossings to reduce potential pedestrian/vehicular conflicts and improve pedestrian and vehicular circulation in The Anaheim Resort; specifically, the Project will include construction of at least one and up to three pedestrian bridges over Harbor Boulevard north of Disney Way and south of Manchester Avenue, improving pedestrian connectivity and safety within The Disneyland Resort. The Project may also construct two additional A-229 pedestrian bridges or crossings over Disneyland Drive between Magic Way and Katella Avenue. 5. Bicycle Circulation: The Project will install bicycle facilities, including the following: a Class I Bike Path on the east side of Walnut Street from Ball Road to Katella Avenue; a Class I Bike Path on the north side of Disney Way between Anaheim Boulevard and Clementine Street; a single two-way, off-street, shared- use pathway for pedestrians and bicycles on the west side of Clementine Street between Alro Way and Disney Way; and a bike parking facility in the East Parking Area and/or Parking Overlay just north of the East Parking Area. The Project also will dedicate right-of-way and contribute in-lieu fees to fund proposed Class II bicycle lanes on Ball Road east of Walnut Avenue and on Haster Street south of Katella Avenue. 6. Vehicle Trip Reduction: The Project will continue to implement trip reduction measures, including those that directly support alternative means of transportation like transit, bicycle travel, and pedestrian movement. The Project will continue to implement Disney’s Transportation Demand Management (TDM) program that includes: bicycle parking and amenities; online ride-matching and carpool/vanpool program; guaranteed return trip program; incentives for using alternative travel modes; flex schedule and telecommuting; electric vehicle parking and incentives; shuttle services; and promotions, marketing and education to make employers and employees aware of the various programs and benefits offered. Additionally, the Project will implement specific improvements to reduce vehicle miles traveled, including use of the East Esplanade Transportation Center and construction of pedestrian bridges or crossings within The Anaheim Resort. 7. Structural Height and Setbacks: The Project will implement modified height restrictions and a Sky Exposure Plane to limit heights and require buildings to step back from the property line along certain roadways to reduce visual exposure from adjacent, off-site uses. The Project would 1) permit more natural light to reach the street or property line adjacent to a proposed building or structure, and 2) reduce the apparent bulk and mass of any building. The Project also will require compliance with the 360-Degree Architectural Treatment Criteria set forth in the Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan to ensure sufficient screening from adjacent properties. 5640831.1 DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx4-1SECTION 4.0 MITIGATION MONITORING PROGRAM MITIGATION MONITORING PROGRAM (MMP) NO. 000387 (INCLUDING PROJECT DESIGN FEATURES) FOR THE DISNEYLAND RESORT PROJECT AS AMENDED BY THE DISNEYLANDFORWARD PROJECT CEQA Action Subsequent Environmental Impact Report No. 352 (Resolution No. ____) Project Description General Plan Amendment, Specific Plan No. 92-1 Amendment No. 9, and Specific Plan No. 92-2 Amendment No. 17 Applicant Walt Disney Parks and Resorts U.S., Inc., 500 South Buena Vista Street, Burbank, California, Project Location The Project site is located approximately 35 miles southeast of downtown Los Angeles and seven miles northwest of Santa Ana, in central Orange County, California, and is generally located adjacent to and southwest of the Interstate 5 (I-5), between Ball Road to the north, Walnut Street to the west, and Chapman Avenue to the south. The Project site encompasses The Disneyland Resort, including the Theme Park, Parking and Southeast Districts of the Disneyland Resort Specific Plan (DRSP), and properties in the Anaheim Resort Specific Plan (ARSP) Commercial Recreation (C-R) District (Development Area 1) owned or controlled by Walt Disney Parks and Resorts U.S., Inc. (Disney) or other subsidiaries of The Walt Disney Company. Terms and Definitions 1. Applicant - Walt Disney Parks and Resorts U.S., Inc.2. Property Owner/Developer – Any owner or developer of properties owned by Disney or other subsidiaries of The Walt Disney Company within the DRSP or theARSP.3. Project Design Features (PDFs) – Measures incorporated into The Disneyland Resort Project as amended by the DisneylandForward Project by the applicantwith the intent of minimizing potential environmental impacts. The PDFs included in this Mitigation Monitoring Program will be implemented as mitigationmeasures.4. Environmental Equivalent/Timing – To the extent permitted by law, if Disney cannot complete any PDF or Mitigation Measure and timing thereof, the Citymay specify another substituted measure, which (i) will have the same or superior result, (ii) will have the same or superior effect on the environment, and (iii)has a nexus to the Project. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy ofany proposed “environmental equivalent/timing” based on substantial evidence and, if determined necessary, may refer said determination to the PlanningCommission. Any costs associated with information required to make a determination of environmental equivalency/timing shall be borne by the Applicant.5. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by alldepartments listed for each mitigation measure.6. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program willbe monitored in the form of an annual letter from the Property Owner/Developer and/or Applicant in January of each year stating how compliance with theEXHIBIT D DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-2 subject measure(s) has been achieved. Mitigation Measures are referenced in parentheses by their section number as identified in the Draft Subsequent EIR No. 352. Mitigation Measures and/or PDFs designated to occur on an ongoing basis are noted with an asterisk (*). For mitigation measures/PDFs that are to be monitored “Ongoing During Construction”, the annual letter will review those mitigation measures/PDFs only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 7. The City recognizes that the certain infrastructure improvements and service capabilities, as identified in this Mitigation Monitoring Program, will serve not only the Applicant but also other property owners/developers in the Specific Plan area, The Anaheim Resort, and the service area, each of which should contribute in allocable share of the cost of these improvements. To implement this requirement as it applies to other property owners/developers in the Specific Plan area, The Anaheim Resort, and the service area, the City shall make appropriate arrangements with other public agencies, if any, to reimburse the Applicant to the extent that its contributions for these improvements exceed the Applicant’s allocable share of the cost. Such arrangements shall include one or more of the following: (1) creation of integrated financing districts; (2) entry into a reimbursement agreement with the Applicant; (3) creation of appropriate community facilities districts, assessment districts and/or use of similar public financing districts and/or mechanisms; and (4) creation of such other mechanisms or districts as may be appropriate to provide for the reimbursement of these costs. The determination of the allocable share of improvement costs attributable to the Applicant and other property owners/developers, and reimbursement amounts, shall be based on an apportionment of the costs of such improvements and equipment and personnel among property owners/developers, including the Applicant, in the Specific Plan area, The Anaheim Resort, or otherwise defined service area, as applicable, depending on the area served. 8. To the extent that this Mitigation Monitoring Program requires the Applicant to submit plans for several phases simultaneously, it is understood that such later phase plans may be considered preliminary and may be subject to change. Such preliminary plans for the later phase will not be required to provide the level of detail required for the initial phase plans provided that more detailed plans will be submitted separately at a later time. Nevertheless, such preliminary plans for the later phase shall provide sufficient schematic or descriptive detail to ensure that plans submitted for said later phase shall comply with the provisions of this Mitigation Monitoring Program and shall be consistent with the provisions of the initial phase plans. 9. Timing – This is the point where a mitigation measure/PDF must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure/PDF must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur, as routine City practices and procedures will ensure that the intent of the measure design feature has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 10. Building Permit – For purposes of this Mitigation Monitoring Program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion/modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions of up to 1,000 square feet to an existing structure or building. DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-3 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Aesthetics MM AES-1 Prior to issuance of each building permit; to be implemented prior to final building and zoning inspections The property owner/developer shall submit plans which illustrate that all mechanical equipment and trash areas for the subject buildings will be screened from adjacent public streets and adjacent residential areas. Planning & Building Department, Planning Services Division MM AES-2 Prior to final building and zoning inspections Private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Public Utilities Department. Planning & Building Department, Planning Services Division; Public Utilities Department MM AES-3 Prior to issuance of each building permit for each parking facility along Walnut Street; to be implemented prior to each final building and zoning inspection The property owner/developer shall submit plans which detail the lighting system for the parking facilities along Walnut Street, Ball Road, Haster Street and along interior property lines abutting residential neighborhoods. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. Planning & Building Department, Planning Services Division MM AES-4 Prior to final building and zoning inspection or whenever established; and on an ongoing basis The property owner/developer shall participate in a landscape assessment and maintenance district for the Anaheim Resort. Planning and Building Department, Planning Services Division Utilities Department, Resource Efficiency Section MM AES-5 Prior to approval of each grading plan or issuance of each demolition or building permits, whichever occurs first A Construction Barrier Plan showing the location and types of barriers shall be in place during grading and construction. Said plan shall provide for all construction areas to be screened from view in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, Site preparation or grading, whichever occurs first. Public Works Department, Traffic and Transportation Division; Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-4 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM AES-6 Prior to issuance of each building permit The proposed Specific Plan incorporates design guidelines as well as zoning and development standards, many of which have been designed to reduce the potential visual impacts of the project and to present a visually integrated resort area, including: • The Disneyland Resort Specific Plan provides for heavily landscaped streetscapes and gives the guidelines for trees and shrubs, light fixtures, benches, monuments, and signs located within the landscaped area. • The East and West Parking Areas and the hotel parking facilities will have landscaped setbacks from the public right-of-way and are restricted in height. • Rights-of-way will be landscaped to add to the aesthetics of the area. • The landscape treatments will vary to create distinct places visually. • The West Parking Area and hotel parking facilities will be terraced back from Walnut Street with landscaping treatments above 40 feet. In addition, canopy trees will be planted in a center median on Walnut Street, and the parkway along the street will be landscaped. • A coordinated color theme for major street features will be incorporated into the design. • The service areas and back-of-house areas will be screened from public view. • All rooftop equipment on buildings will be screened as per the Specific Plan. • A layered landscape treatment in the setback realm will provide screening of a 9-14 feet in height sound wall adjacent to the Southwest Parking Area. Planning & Building Department, Planning Services Division MM AES-7 Prior to issuance of building permits All plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning & Building Department, Planning Services Division MM AES-8 Prior to issuance of each building permit All air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-5 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM AES-9 Prior to issuance of each building permit for theme park uses within the Theme Park District, the Southeast District, and the ARSP Theme Park Overlays Plans shall show compliance with the 360-Degree Architectural Treatment Criteria set forth in the Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan. Planning & Building Department, Planning Services Division MM AES-10 Prior to issuance of each building permit Plans shall show that no shuttle/bus/vehicular drop-off areas shall be permitted in hotel or vacation ownership resort front setback area. Planning & Building Department, Planning Services Division MM AES-11 Ongoing The property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. Planning & Building Department, Code Enforcement Division MM AES-12 Prior to final building and zoning inspections Root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. Planning & Building Department, Planning Services Division; Public Works Department, Development Services Division MM AES-13 Prior to final building and zoning inspections The property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the building permit. Planning & Building Department, Planning Services Division MM AES-14 Ongoing All on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems, within an area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. Planning & Building Department, Planning Services Division; MM AES-15 Ongoing Any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning & Building Department, Planning Services Division MM AES-16 Ongoing A licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-6 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM AES-17 Prior to issuance of each building permits, unless records indicate previous payment The property owner/developer shall pay a fee for street tree purposes to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. Public Works Department, Development Services Division MM AES-18 Prior to issuance of each building permit The property owner/developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. Planning & Building Department, Planning Services Division MM AES-19 Prior to issuance of each building permit The location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all plans submitted for building permits. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. Planning & Building Department, Planning Services Division Air Quality MM AQ-1 Prior to final building and zoning inspection The property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary sources. Copies of permits shall be given to the Planning Department. Planning & Building Department, Planning Services Division MM AQ-2 Ongoing during operation of The Disneyland Resort The property owner/developer shall implement the following measures to reduce emissions: a. To the extent practicable, schedule goods movements for off-peak traffic hours. b. Use clean fuel for attraction rides and other uses, as practicable. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division; Utilities Department, Resource Efficiency Section DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-7 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM AQ-3 Prior to issuance of the first building permit associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay, whichever occurs first Prior to final building and zoning inspections associated with a cumulative total of over 10,000 square feet of theme park development in the Southeast District or Theme Park East Overlay Ongoing during project operation The property owner/developer shall submit a site and operations plan for this facility showing the location and configuration of the on-site cast financial and dining services in conformance with The Disneyland Resort Specific Plan. The property owner/developer shall provide cast financial and dining services within the Southeast District or Theme Park East Overlay and the Theme Park District to accommodate cast members. The property owner/developer shall continue to provide cast financial and dining services in conformance with The Disneyland Resort Specific Plan. Planning & Building Department, Planning Services Division MM AQ-4 Ongoing during project operation The following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length of the out-of-area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction targets have been met through other means. Public Works Department, Traffic and Transportation Division; South Coast Air Quality Management District (SCAQMD) MM AQ-5 Ongoing during construction The following measures will be followed by the property owner/developer to reduce air quality impacts: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. Planning & Building Department, Building Division; Public Works Department, Development Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-8 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; and haul routes shall be cleared as needed if spills of material exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall either be covered prior to entering public streets or shall comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. This California Vehicle Code section stipulates that the load, where it contacts the sides, front and back of the cargo container area, remain six inches from the upper edge of the container area, and that the load does not extend, at its peak, above any part of the upper edge of the cargo container area. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during second stage smog alerts. l. Comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-9 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. q. Should demolition, grading, or, excavation activities of two or more projects within any portion of the Project site occur concurrently, air quality monitoring shall be conducted each day that demolition and grading/excavation activities occur concurrently; monitoring shall be conducted in accordance with SCAQMD Rule 403 and ensure that PM2.5 and PM10 concentrations shall not exceed the established regulatory limit of 50 micrograms per cubic meter. MM AQ-6 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan) The property owner/developer shall submit Demolition and Import/Export Plans. The plans shall include identification of offsite locations for material export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Public Works Department, Traffic and Transportation Division MM AQ-7 Ongoing during construction The property owner/developer shall implement the following to limit emissions from architectural coatings and asphalt usage: a. Use nonsolvent-based coatings on buildings, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. Planning & Building Department, Building Division MM AQ-8 Prior to issuance of building permits for each of the east and west public parking structures and any parking structure in the Southeast District; ongoing during project operation All public day-use parking facilities, not including hotel, hotel accessory uses or cast parking facilities, will have a crew of cast members, based on parking predictions, on each lot or facility level, to assist speed parking procedures. In addition, the East and West public parking structures and any parking structure in the Southeast District will incorporate the following design features on each facility level, to assist speed parking procedures: 1. Signage designed to enhance smooth traffic flows and reduce traffic flows on each facility level. 2. Speed ramps which will take cars directly to the level that has available spaces, thus eliminating circulation movement and time involved with hunting for a space. The speed parking striping and procedures currently used at the Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-10 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Disneyland theme park parking lot will be adapted to use within the parking structures and will be designed to safely park 60 cars per minute. (Refer to The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan.) 3. Ceiling clearances and lateral clearances, an open well design, and enhanced lighting levels will eliminate the enclosed feeling of a standard garage, which tends to slow drivers. MM AQ-9 Ongoing during project operation The property owner/developer will implement a comprehensive and aggressive Transportation Demand Management (TDM) program for all project employees. Public Works Department, Traffic and Transportation Division MM AQ-10 Prior to the issuance of each building permit The property owner/developer shall implement, and demonstrate to the City, that project design will incorporate the following energy-saving features. This energy savings will also contribute to reduced operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design and proper sealing of buildings. d. Use water-wise landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. Planning & Building Department, Building Division and Planning Services Division; MM AQ-11 Prior to issuance of each building permit for public day-use parking facilities The public parking facilities, which may be used for theme park guest parking, shall be designed in accordance with the speed parking procedures set forth The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan which will assist in reducing vehicular fuel from idling engines. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-11 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM AQ-12 Prior to issuance of the first building permit The property owner/developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I-5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. Planning & Building Department, Planning Services Division MM AQ-13 During construction activities For all offroad engines that are diesel and above 50 brake horsepower, the contractor shall use engines that comply with USEPA Tier 4 offroad engine standards. Planning & Building Department, Building Division; Public Works Department, Development Services Division MM AQ-14 Prior to issuance of a grading permit If two or more dust-generating construction projects, which collectively will disturb 15 acres or more and which have demolition, excavation, or grading activity scheduled to occur concurrently, a Localized Significance Threshold analysis shall be prepared. If the LST analysis determines that the established Localized Significance Thresholds for NOx, PM2.5, or PM10 would be exceeded, then modifications to construction equipment profiles, modifications to construction schedules, or additional pollution reduction measures shall be implemented. Planning & Building Department, Building Division; Public Works Department, Development Services Division PDF AQ-1 Ongoing during project operation The project has been designed to reduce dependence on the private automobile, which will reduce and avoid many of the traffic-related emissions associated with the existing Disneyland theme park and Disney California Adventure Park, as well as those normally associated with hotels and day-use only special event activities and those associated with development of theme park uses in the Southeast District or Theme Park East Overlay. Guests will be encouraged to park their cars and leave them for the duration of their visits, thus eliminating the trips to restaurants and sightseeing, or entertainment attractions normally associated with vacation stays. Marketing efforts in Southern California will promote the Disneyland Resort as a mini-vacation site for Southland residents. Planning & Building Department, Planning Services Division PDF AQ-2 Ongoing during project operations A wide range of entertainment, lodging, retail and restaurant attractions will be located within the project area and will be linked by an electrically powered monorail system, pedestrian ways/guest transportation system to transport visitors from parking facilities to The Disneyland Resort, and/or pedestrian bridges, walkways and promenades. Convenient walkway access within the Theme Park District, the Southeast District and the Theme Park East Overlay and adjacent uses, such as the City of Anaheim Convention Center, will also facilitate pedestrian trips by non-project guests who will Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-12 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion remain within the project area rather than use automobiles to travel to restaurants and entertainment outside of the area. PDF AQ-3 Ongoing during project operations In accordance with transportation and circulation mitigation measures, The Disneyland Resort traffic will be accommodated, and existing traffic conditions and circulation patterns will be improved through implementation of the identified transportation and parking features, including parking facilities, monorail and pedestrian way/guest transportation systems and convenient access to parking facilities from the freeway. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division PDF AQ-4 Prior to issuance of building permits for the East Parking Facility and ongoing during project operations The Disneyland Resort Project will include a special drop-off area on Harbor Boulevard north of Disney Way, or internal or adjacent to the East Parking Area Parking Structure and/or adjacent ARSP Parking Overlay, or other accessible location, for shuttle buses to help encourage use of buses by area visitors. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division SR AQ-1 Prior to issuance of the first grading or building permit, whichever occurs first The property owner/developer shall provide written evidence of compliance to the Planning & Building Director or their designee that all construction activities shall comply with SCAQMD Rules 402 and 403, which shall assist in reducing short term air pollutant emissions. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. SCAQMD Rule 403 (Tables 1, 2, and 3 of Rule 403) requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. This requirement shall be included as notes on the contractor specifications. Planning & Building Department, Building Division; Public Works Department, Development Services Division SR AQ-2 Prior to issuance of building permits The property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of all buildings in compliance with SCAQMD regulations, including SCAQMD Rule 1113. This information shall be denoted on the project plans and specifications. The property owner/developer shall also submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-13 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion content per gallon (or liter). The property owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use nonsolvent-based coatings on buildings, wherever appropriate; b. Use solvent based coatings, where they are necessary. Biological Resources MM BIO-1 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first A letter detailing the proposed schedule for vegetation removal and building demolition activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and January 31 to avoid the bird nesting season. If this is not feasible, the property owner/developer shall implement MM BIO-2. Planning & Building Department, Planning Services Division MM BIO-2 Prior to the issuance of a demolition permit, grading permit or building permit, whichever occurs first, and if Project demolition and/or vegetation clearing must occur during the bird nesting season (February 1–July 31) A pre-construction nesting bird survey of structures to be demolished and/or vegetation to be removed shall be conducted by a qualified Biologist no more than three days prior to such work occurring. If the Biologist does not find any active nests within or immediately adjacent to the impact area, the vegetation clearing/construction work shall be allowed to proceed. The pre-construction nesting bird survey shall be updated following any work stoppage of two weeks or longer. If an active nest of a bird species protected under California Fish and Game Code or the Migratory Bird Treaty Act is identified within or immediately adjacent to the construction area, and the Biologist determines that the nest may be impacted or breeding activities substantially disrupted, the Biologist shall delineate an appropriate no-impact buffer zone (at a minimum of 25 feet) around the nest depending on the sensitivity of the species and the nature of the construction activity. All nests and associated buffers shall be mapped on the construction plans. The active nest shall be protected until nesting activity has ended. The following restrictions to clearing and/or construction activities shall be required until nest(s) are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest (the buffer shall be 25–100 feet for nesting birds and 300- to 500- feet for nesting raptors), unless otherwise determined by a qualified Biologist; and (2) access shall be restricted within the buffer of any active nest, unless otherwise determined by a qualified Biologist. Encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Once the qualified Biologist has determined that fledglings have left the nest, there is no evidence of a second nesting attempt, or the nest has failed, construction can proceed within the buffer zone. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-14 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Cultural Resources MM CUL-1 Prior to issuance of each grading permit The property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre-grading conference in order to establish procedures for archaeological monitoring, as well as for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. Specific monitoring procedures will be established based on review of site specific conditions, including presence of native soils, anticipated construction activities, and nature of ground disturbance including depth of excavation. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the Planning and Building Department within ninety days. Public Works Department; Development Services Division MM CUL-2 For properties within the ARSP, prior to approval of building, grading or demolition permits, whichever occurs first For properties that contain a structure over 45 years old, property owners/developers shall submit to the Planning and Building Department, Planning Services Division, documentation to verify the presence/absence of historic resources. On properties where resources are identified, such documentation in accordance with HABS standards shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. Planning &Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-15 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM CUL-3 Prior to the issuance of grading, demolition or building permits, whichever occurs first The property owner/developer shall be responsible for implementing the following and submitting the required documentation to the Planning and Building Department, Planning Services Division: If an individual development project within the potential Disneyland Theme Park Historic District proposes to substantially alter or demolish a contributing feature to the potential Disneyland Theme Park Historic District as identified in the Historic Resources Technical Report attached as Appendix E-2 to Subsequent EIR No. 352, that contributing feature shall be documented in the outline format as specified in the HABS History Guidelines, and photographed according to the HABS Photography Guidelines, . The documentation shall be prepared by a historian or architectural historian who meets the Secretary of the Interior’s Historic Preservation Professional Standards in the relevant discipline. Digital copies of the documentation shall be submitted to the Anaheim Planning and Building Department, Planning Services Division for storage with Heritage Services, and housed in the Walt Disney Company archives. Planning & Building Department, Planning Services Division MM CUL-4 Prior to the issuance of grading, demolition or building permits, whichever occurs first The property owner/developer shall be responsible for implementing the following and submitting the required documentation to the Planning and Building Department, Planning Services Division: If any of the individually designated or potentially eligible features or buildings within the theme park, as identified in the Historic Resources Technical Report attached as Appendix E-2 to Subsequent EIR No. 352, are proposed for substantial alteration or demolition, that feature or building shall be documented individually in the outline format as specified in the HABS History Guidelines, and photographed according to the HABS Photography Guidelines. The documentation shall be prepared by a historian or architectural historian who meets the Secretary of the Interior’s Historic Preservation Professional Standards in the relevant discipline. Digital copies of the documentation shall be submitted to the Anaheim Planning and Building Department, Planning Services Division for storage with the Heritage Services Division, and housed in the Walt Disney Company archives. Planning &Building Department, Planning Services Division SR CUL-1 Before and during construction If human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin, and disposition pursuant to California Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5 has occurred. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-16 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Energy MM ENE-1 Prior to issuance of each building permit The property owner/developer shall submit plans and calculations to demonstrate that the energy efficiency of each building will exceed the Title 24, Part 6, Building Energy Efficiency Standards current at the time of application by at least 10 percent. Planning & Building Department, Building Division; Utilities Department, Resource Efficiency Section MM ENE-2 Prior to submittal of plans for electrical system improvements Any new system improvements (e.g., substation, line connections), if required, shall be constructed in accordance with the City’s Electric Rates, Rules and Regulations and Electrical Specifications. Electrical Service Fees and other applicable fees will be assessed in accordance with the then current Electric Rates, Rules and Regulations and Electrical Specifications. Planning & Building Department, Building Division; Utilities Department, Electric Services Division MM ENE-3 Prior to approval of each final building and zoning inspection The Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy-efficient water heaters and furnaces. The property owner/developer shall implement a program, as required, to reduce the demand on natural gas supplies. Utilities Department, Resource Efficiency Section MM ENE-4 Prior to issuance of each building permit The property owner/developer shall demonstrate on plans that fuel-efficient models of gas-powered building equipment have been incorporated into the proposed project to the extent feasible. Planning & Building Department, Building Division; Utilities Department, Resource Efficiency Section MM ENE-5 Prior to issuance of a building permit The property owner/developer shall incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of renewable biofuels, solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. Planning & Building Department, Building Division; Utilities Department, Resource Efficiency Section PDF ENE-1 Ongoing during project development and operation The project shall be developed in conformance with The Disneyland Resort Specific Plan and shall offer a broad diversity of theme park, retail, dining and entertainment experiences which will enhance the destination resort character of The Disneyland Resort. As a result, many visitors will extend their length of stay; thus, incremental vehicular trips to and from the site are expected to be reduced. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-17 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion SR ENE-1 Prior to the issuance of each building permit The property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. Planning & Building Department, Planning Services Division SR ENE-2 Prior to the issuance of building permits The property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable California Green Building Standards. Planning & Building Department, Building Division Geology MM GEO-1 Prior to approval of each grading plan The property owner/developer shall submit to the Public Works Department, Development Services Division, for review and approval a thorough soils and geological report for the area to be graded, based on proposed grading and prepared by an engineering geologist and geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. Public Works Department, Development Services Division MM GEO-2 Prior to issuance of each building permit The property owner/developer shall submit to the Planning and Building Department, Building Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. Planning & Building Department, Building Division MM GEO-3 Prior to issuance of each foundation permit The property owner/developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Planning & Building Department, Building Division MM GEO-4 Prior to issuance of each building permit The property owner/developer shall submit plans to the Planning and Building Department, Building Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Planning & Building Department, Building Division MM GEO-5 Prior to issuance of building or grading permits The property owner/developer shall submit to the Planning and Building Department, Building Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations shall be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-18 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM GEO-6 Ongoing during grading activities The property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Division. Planning & Building Department, Building Division MM GEO-7 Prior to issuance of each grading permit The property owner/developer shall submit a letter identifying the certified paleontologist meeting the Society of Vertebrate Paleontology (SVP) standards that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre-grading conference in order to establish procedures for paleontological monitoring, as well as for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If fossils are uncovered and found to be significant, the paleontological monitor shall administer appropriate actions based on SVP protocols7. b. Specimens that are collected prior to or during the grading process shall be reposited in an appropriate educational or research institution. Preparation, storage and curation shall be funded by the property owner/developer. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the discovery by a buffer of at least 50 feet. Construction shall not resume until the paleontological monitor has given the order to proceed in that location once a determination on the significance of the fossil discovery has been made. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. Public Works Department, Development Services Division SR GEO-1 Ongoing during grading activities All grading operations will be conducted in conformance with the Anaheim Municipal Code, Title 17, Land Development and Resources, and the most recent version of the California Building Code. Public Works Department, Development Services Division 7 Society of Vertebrate Paleontology (SVP), Guidelines from the Ethics Education Committee for Collecting, Documenting and Curating Fossils (last updated 2021). https://vertpaleo.org/wp-content/uploads/2021/01/Guidelines-from-the-Ethics-Education-Committee.pdf (accessed August 18, 2023). DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-19 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Greenhouse Gas Emissions As discussed in Draft Subsequent EIR No. 352, Section 5.7, Greenhouse Gas Emissions, incorporates SRs, MMs, and PDFs from Section 5.1, Air Quality; Section 5.5, Energy; Section 5.9, Hydrology and Water Quality; Section 5.14, Transportation; and Section 5.16, Utilities and Service Systems. Hazards and Hazardous Materials MM HAZ-1 Prior to any relocation of transformers that may contain PCBs which are being moved or relocated as part of project development The transformers shall be tested by the property owner/developer for PCBs. Utilities Department, Electric Services MM HAZ-2 Ongoing during demolition and construction In the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22. Fire Department, Environmental Protection Section MM HAZ-3 Prior to approval of a grading plan or issuance of a demolition permit, whichever occurs first The property owner/developer shall submit a Phase I Environmental Site Assessment (ESA) prepared pursuant to current ASTM Standard Practice for Environmental Site Assessments to identify potential threats to human health and the environment for review by the City. If possible hazardous materials are identified during the site assessments, the appropriate response/remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate. The ESA shall detail procedures that shall be taken if a previously unknown underground storage tank (UST) or other unknown hazardous materials or waste is discovered onsite. The ESA shall outline where hazardous materials may be found, types of hazardous materials anticipated, how to screen for them, and what to do in the event they are identified. The ESA shall identify the party responsible for the screening, and training requirements for those responsible for undertaking the screening effort. The ESA shall specify requirements for reporting, handling, staging, disposal, and recordkeeping. The ESA shall also identify contingencies in the event that significant contamination is identified that is 1) above regulatory thresholds and 2) cannot be removed/ remediated by proposed construction. Fire Department, Environmental Protection Section; Orange County Health Care Agency DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-20 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM HAZ-4 Prior to issuance of a grading or demolition permit, whichever occurs first In areas known or thought to have been previously occupied by underground storage tanks (USTs), or other hazardous materials or waste, and in areas where tank removal has not been verified prior to excavation or grading; the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks using geophysical methods that include the potential use of ground penetrating radar (GPR) or similar technologies to determine no abandoned USTs are present. Fire Department, Environmental Protection Section; Orange County Health Care Agency MM HAZ-5 Prior to the removal of underground storage tanks (USTs) The property owner/developer shall obtain a permit from the Hazardous Materials Management section of the Fire Department for removal of such tanks. During removal of the underground storage tank, a representative from the Hazardous Materials Section (HMS) of the Fire Department shall be onsite to direct soil sampling. Fire Department, Environmental Protection Section; Orange County Health Care Agency MM HAZ-6 Ongoing during remediation All remediation activities of surface or subsurface contamination not related to underground storage tanks (USTs), conducted on behalf of the property owner/developer, shall be overseen by the Santa Ana Regional Water Quality Control Board (SARWQCB) and witnessed by Anaheim Fire Department/Hazardous Material Management Section (HMS). Information on subsurface contamination from an underground storage tank shall be provided to the Santa Ana Regional Water Quality Control Board (SARWQCB) with a copy to Planning & Building. Fire Department, Environmental Protection Section; Orange County Health Care Agency MM HAZ-7 Prior to issuance of each demolition permit A hazardous building material survey shall be conducted to verify the absence of hazardous building materials and, if needed, future abatement by a California-licensed contractor, and/or removal and disposal in accordance with federal, state, and local transportation and disposal regulations. Fire Department, Environmental Protection Section; Orange County Health Care Agency SR HAZ-1 Ongoing during Project construction All construction activities, including demolition and renovation of the existing facilities and installation of the new facilities, shall be performed in compliance with all CalOSHA standards (California Code of Regulations, Title 8) to protect worker health and safety. Fire Department, Environmental Protection Section; Orange County Health Care Agency SR HAZ-2 Ongoing during Project implementation The removal and disposal of any lead-based paint (LBP) encountered on site during Project implementation shall be performed by an LBP Abatement Contractor that is licensed and registered in California pursuant to California Code of Regulations Title 17. Fire Department, Environmental Protection Section; Orange County Health Care Agency DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-21 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion SR HAZ-3 Ongoing during Project construction and operations Activities at the Project Site shall comply with existing federal, State, and local regulations regarding hazardous material use, storage, disposal, and transport. All on-site generated waste that meets hazardous waste criteria shall be stored, manifested, transported, and disposed of in accordance with the California Code of Regulations (Title 22) and in a manner to the satisfaction of the local Certified Unified Program Agency (CUPA), as applicable. All transport and transfer of hazardous materials shall be performed by a licensed hazardous waste hauler in compliance with all applicable State and federal requirements, including U.S. Department of Transportation regulations under Title 49 (Hazardous Materials Transportation Act) and Title 40, Section 263 (Subtitle C of the Resource Conservation and Recovery Act) of the Code of Federal Regulations; California Department of Transportation (Caltrans) standards; and Division of Occupational Safety and Healthy (Cal/OSHA) standards. Fire Department, Environmental Protection Section; Orange County Health Care Agency SR HAZ-4 Ongoing during Project construction All construction activities, including demolition and renovation of the existing facilities and installation of the new facilities, shall be performed in compliance with South Coast Air Quality Management District (SCAQMD) Rule 1403 requiring a survey for and proper abatement of asbestos-containing materials prior to construction. Air Quality Management District Hydrology and Water Quality MM HWQ-1 Ongoing during Project operations The property owner/developer shall comply with the Master Drainage and Runoff Management Plan (MDRMP) and shall submit updates as required for new grading for review and approval by the City Engineer. Public Works Department, Development Services Division MM HWQ-2 Prior to issuance of each building permit The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. Additionally: a. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit plans in accordance with Anaheim’s Landscape Water Efficiency Ordinance and Guidelines including: 1. Project Information 2. Maximum Applied Water Use expresses as annual totals. 3. Soil management report or specifications. Public Utilities, Water Services; Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-22 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion 4. Landscape design plan. 5. Irrigation design plan. 6. Grading design plan. b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the Estimated Applied Water Use (EAWU) to be less than the Maximum Applied Water Allowance (MAWA) or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. MM HWQ-3 Ongoing during operation of the Disneyland Resort The property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim including, but not limited to, private streets and parking lots on not less than a monthly basis. Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the property owner/developer’s NPDES permit and allowable based on drought restrictions. Nightly washdown shall be allowed in the theme parks and, where advisable to maintain safe and sanitary working conditions, the back-of-house area, if allowed in the property owner/developer’s and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer’s NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. Planning & Building Department, Code Enforcement Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-23 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM HWQ-4 Prior to each final building and zoning inspection (for non-Setback Realm Areas); prior to acceptance by City Engineer (for Setback Realm Areas) The property owner/developer shall submit a Certificate of Substantial Completion, as described in the Disneyland Resort Specific Plan, which establishes that the landscape irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning & Building Department, Planning Services Division MM HWQ-5 Ongoing during grading operations The property owner/developer shall implement standard practices from all applicable codes and ordinances to prevent erosion. Public Works Department, Development Services Division MM HWQ-6 Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil The property owner/developer shall obtain coverage under the NPDES Statewide Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Division. Planning & Building Department, Code Enforcement Division MM HWQ-7 Prior to issuance of each building permit To reduce the project's demand on potable water, the property owner/developer shall install water lines onsite so that reclaimed water may be used for landscape irrigation and other purposes, if and when it becomes available. Planning & Building Department, Planning Services Division MM HWQ-8 Prior to each final building and zoning inspection The property owner/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning & Building Department, Planning Services Division MM HWQ-9 Prior to issuance of building permits The property owner/developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Public Works Department, Development Services Division SR HWQ-1 Prior to the issuance of preliminary or precise grading permits Development projects that will result in soil disturbance of one (1) or more acres of land shall comply with the State’s Construction General Permit by filing a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) and implementing a Storm Water Pollution Prevention Plan (SWPPP). The property owner/developer shall provide the City Engineer with evidence that an NOI has been filed with the SWRCB by providing a copy of the NOI invoice and the assigned Waste Discharger Identification (WDID) No. for the project. The SWPPP shall include Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels and shall prohibit during the construction period discharges of storm water or non-storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan. The BMPs shall address erosion control, sediment control, Public Works Department, Development Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-24 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion wind erosion control, tracking control, non-storm water management and waste management and materials pollution control during all phases of construction, including a sampling and analysis plan for sediment and non-visible storm water pollutants. The property owner/developer shall be responsible for proper implementation of the SWPPP. SR HWQ-2 Prior to issuance of the precise grading permit The property owner/developer shall prepare Water Quality Management Plans (WQMPs) for review and approval by the Public Works, Development Services. The WQMP shall identify permanent site design, source control and treatment control Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. The WQMP shall also describe the long-term operation and maintenance requirements for the treatment control BMPs and the mechanism for funding the BMPs. The WQMP shall be recorded against the property to ensure long-term compliance. Public Works Department, Development Services Division SR HWQ-3 Prior to issuance of the first building permit for Disney ARSP Properties The property owner/developer shall pay the Storm Drain Impact Fees which would go toward future storm drain improvements within The Anaheim Resort area and South Central City area. Public Works Department, Development Services Division SR HWQ-4 Ongoing during Project construction and operations Chapter 10.09 of the Anaheim Municipal Code is the City’s NPDES Ordinance, which provides regulations to comply with the CWA, the California Porter-Cologne Water Quality Control Act, and the City’s NPDES permit. This ordinance prohibits the discharge of specific pollutants into the storm water; regulates illicit connections to the storm drain system; requires development projects to implement permanent BMPs on individual sites to reduce pollutants in the storm water; and requires local discharge permits for non-storm water discharges into the storm drain system. Planning & Building Department, Code Enforcement Division SR HWQ-5 Prior to issuance of grading permit The property owner/developer of individual developments shall provide written proof to the Public Works Department, Development Services Division of a water quality certification and/or waste discharge requirement (WDR) as well as a plan for compliance with the discharge prohibitions, TMDLs, and various programs of the Santa Ana RWQCB. The Santa Ana RWQCB implements the Water Quality Control Plan for the Santa Ana River Basin through the issuance of individual WDRs; discharge prohibitions; water quality certifications; programs for salt management, non-point sources, and storm water; and monitoring and regulatory enforcement actions, as necessary. Public Works Department, Development Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-25 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Land Use and Planning MM LU-1 Prior to issuance of each building permit Building plans shall be submitted by the property owner/developer and will be reviewed for consistency with The Disneyland Resort Specific Plan and The Anaheim Resort Specific Plan. Planning & Building Department, Planning Services Division MM LU-2 Prior to issuance of each building permit The proposed project shall be implemented based on the guidelines and standards in The Disneyland Resort Specific Plan, which includes zoning and development standards, design guidelines, and a Public Facilities Plan. All development proposals within The Disneyland Resort must be consistent with The Disneyland Resort Specific Plan, the Anaheim Resort Specific Plan, and the City of Anaheim General Plan. Planning & Building Department, Planning Services Division MM LU-3 Prior to issuance of each building permit for parking facilities The property owner/developer shall submit plans detailing the setbacks for the parking structures and landscaping plans which minimize compatibility impacts of the parking facilities on surrounding areas, consistent with The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan. Planning & Building Department, Planning Services Division PDF LU-1 Prior to approval of issuance of each building permit The property owner/developer shall submit documentation that project design features are in compliance with all building setbacks, height standards, landscaping requirements, and design guidelines as specified in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan. Planning & Building Department, Planning Services Division Noise MM NOI-1 Ongoing during project operation The property owner/developer shall obtain pyrotechnic permits on an annual basis. Material additions or modifications to firework shoots shall require a separate permit. Fire Department; MM NOI-2 Ongoing during project operations Lower noise-producing fireworks displays will be used at Disney California Adventure to minimize noise from 11:00 p.m. fireworks shows to meet the noise levels in the City of Anaheim Sound Pressure Level Ordinance. Fire Department; Planning & Building Department, Code Enforcement Division MM NOI-3 Ongoing during project operations and prior to the commencement of any show west of Disneyland Drive in the expanded Theme Park District, the Southeast District or the ARSP Theme Park Overlays areas that includes fireworks that are No aerial fireworks show shall be allowed west of Disneyland Drive in the expanded Theme Park District, the Southeast District or the ARSP Theme Park Overlays. Prior to the commencement of any show in these areas that includes fireworks that are non-explosive (i.e., stage pyrotechnics) or explosive fireworks with an explosion point at an elevation less 50 feet (e.g., Fantasmic!), the property owner/developer shall present a noise study to the Planning and Building Department to demonstrate that noise levels from the fireworks would meet the City’s 60 dBA Sound Pressure Levels standard at the property line, and would not create a noise increase greater than 5 dBA over Fire Department; Planning & Building Department, Code Enforcement Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-26 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion non-explosive (i.e., stage pyrotechnics) or explosive fireworks with an explosion point at an elevation less 50 feet (e.g., Fantasmic!) existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. MM NOI-4 Prior to issuance of a building permit for an amphitheater Plans submitted for the location of the amphitheater will document that the facility is no closer than 2,000 feet from the nearest existing residence. The design and orientation of the amphitheater will be reviewed by a certified acoustical engineer; the property owner/developer shall submit a report, for review and approval by the City, to ensure that noise from the amphitheater does not exceed the noise levels established by the City of Anaheim Sound Pressure Level Ordinance. Planning & Building Department, Planning Services Division MM NOI-5 Prior to final building and zoning inspection for the amphitheater and within 9 months of commencement of amphitheater operations A Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted for review and approval. The property owner/developer shall submit the results of the Noise Monitoring Program conducted by a certified acoustical engineer to ensure that there are not violations of the Sound Pressure Level Ordinance from amphitheater operations outside the Disneyland Resort. If noise in excess of the Sound Pressure Level Ordinance is detected, the property owner/developer shall modify operations within three days to bring the amphitheater into conformance with the Sound Pressure Level Ordinance. Planning & Building Department, Planning Services Division MM NOI-6 Ongoing during construction and project operations Engine noise from sweeping equipment used in the parking facilities and any hotel parking facilities adjacent to residential areas shall be muffled. Sweeping operations in the parking facilities and private on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. Planning & Building Department, Building Division; Public Works Department, Development Services Division MM NOI-7 Prior to issuance of each building permit to be implemented prior to final building and zoning inspections For structures that are adjacent to residential areas or other sensitive uses, the property owner/developer shall present plans and calculations to the Planning and Building Department to demonstrate that noise levels from mechanical ventilation units, loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s 60 DBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 3 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. Planning & Building Department, Building Division and Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-27 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM NOI-8 Ongoing during construction The property owner/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. Planning & Building Department, Building Division; Public Works Department, Development Services Division MM NOI-9 Prior to issuance of each building permit The property owner/developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Official identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the California Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures, such as but not limited to acoustic sound barriers, shall be implemented by the property owner/developer prior to final building and zoning inspections. Planning & Building Department, Building Division and Planning Services Division MM NOI-10 Prior to issuance of each building permit for construction within 75 feet of noise sensitive receptors A note shall be provided on building plans indicating that during construction, the property owner/developer shall install and maintain specially designed construction barriers between the project perimeter and the sensitive receptor. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. Planning & Building Department, Building Division and Planning Services Division MM NOI-11 Ongoing during construction and project operation Pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations and in areas along the property line or accessible by the public shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. Planning & Building Department, Code Enforcement Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-28 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM NOI-12 Ongoing during construction Property owners/developers shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 PM and 7:00 AM of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. Planning & Building Department, Planning Services Division MM NOI-13 Prior to issuance of each building permit A note shall be provided on plans indicating that there shall be no operation of clam shovel drops or vibratory rollers within 25 feet of any existing home. Planning & Building Department, Building Division MM NOI-14 Prior to issuance of each building permit on Disney ARSP Properties If pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department to assess and mitigate potential noise and vibration impacts related to these activities, including site design features such as setbacks and trenches. Planning & Building Department, Building Division MM NOI-15 Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections The property owner/developer shall present area development plans if part of a new theme park land or building plans if part of one theme park attraction to the Planning and Building Department to demonstrate any development of theme park uses in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays includes 30-foot-tall buildings or structures between the property line near residential or other noise sensitive land uses and the proposed theme park land or theme park attraction. If a noise barrier is provided, such as a ride façade, the material used shall have a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. Planning & Building Department, Planning Services Division MM NOI-16 Ongoing during project operations The property owner/developer shall pay all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical consultant or engineer under the direction of the Planning Department to ensure that The Disneyland Resort ongoing operations do not exceed 60 dBA at any point on the property line between the hours of 7:00 p.m. and 7:00 a.m. of the following day. If the monitoring finds that the 60 dBA threshold is being exceeded, modifications to the ongoing operations, such as adjustments to volume at the source or orientation of speakers, shall be commenced immediately to bring the sound level below the 60 dBA Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-29 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion requirement with additional follow-up monitoring conducted to confirm compliance. Monitoring shall be conducted as follows: (a) Ongoing: Semi-annually on a random basis for a three (3) day period. (b) During the first five (5) years of operation of theme park uses in the expanded Theme Park District west of Disneyland Drive, the Southeast District, and/or the ARSP Theme Park Overlays: Four (4) times a year on a random basis for a three (3) day period. (c) In response to a noise complaint, at the City’s discretion: For a three (3) day period at the location of the noise exceedance. MM NOI-17 Prior to the issuance of each building permit, grading permit or demolition permit A note shall be provided on the plans stating that ongoing during construction, the property owner/developer shall designate a noise disturbance coordinator who would respond to neighborhood complaints about construction noise by determining the cause of the noise complaints and requiring implementation of reasonable measures to correct the noise issue. Planning & Building Department, Planning Services Division MM NOI-18 Ongoing during construction The property owner/developer shall locate all stationary noise-generating equipment such as air compressors and portable generators a minimum of 75 feet from noise sensitive receptors. Planning & Building Department, Building Division MM NOI-19 Ongoing during construction No impact driven piles shall be allowed in conjunction with the construction of parking structures. Planning & Building Department, Building Division MM NOI-20 Prior to issuance of a building permit for a parking structure The property owner/developer will submit plans to the Planning and Building Department indicating noise from the parking structure will be reduced by the provision of convenient access to the parking structure, sound attenuation devices (louvers and walls), and the use of textured deck surfaces to reduce tire squealing. Planning & Building Department, Planning Services Division MM NOI-21 Prior to issuance of each building permit The property owner/developer shall present plans to the Planning and Building Department to demonstrate development of theme park uses in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays shall include installation and maintenance of at least 12-foot-tall noise barriers along the property line to reduce back-of-house noise, such as vehicle pass-bys and truck deliveries with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-30 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM NOI-22 Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections The property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Thrill (Indoor) and Family (Indoor) attractions shall be located no less than 200 feet from the center of the ride or attraction to noise-sensitive receptors and shall include a 30-foot-high building or a 30-foot high noise barrier between the attraction and the property line near noise-sensitive receptors, provided a 30-foot-high building or 30-foot-high noise barrier shall not be required if the proposed ride or attraction is located within an enclosed building or structure. The planning of each attraction shall take into account any openings or outdoor areas of the attractions and directionally orient the openings away from noise-sensitive receptors and towards the center of the new theme park development Planning & Building Department, Planning Services Division MM NOI-23 Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections The property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Thrill (Outdoor), rides taller than 50 feet, Parades and Large Shows shall be located: 1. For 1st to 3rd Offsite Floor Receptors: No less than 550 feet from the center of the ride to any noise-sensitive receptor and shall include a 30-foot-high building or a 30-foot-high noise barrier between the attraction and the property line near noise-sensitive receptors. 2. For 4th Floor Offsite Receptors and above (i.e., no shielding from 30-foot buildings/barriers): No less than 1100 feet between the center of the ride and any noise-sensitive receptor. If the distance of 1100 feet cannot be met, an indoor rollercoaster shall be considered. If a distance less than 1100 feet is considered with exposure to 4th Floor receptors, the distance to noise-sensitive receptors and layout shall be reviewed by a certified acoustical consultant or engineer prior to finalizing the site plan. In general, the entire full height of the ride shall include a solid barrier shielding it from any noise-sensitive receptors. The material used for the barrier shall have a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-31 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM NOI-24 Prior to issuance of each building permit and to be implemented prior to final building and zoning inspections The property owner/developer shall present a noise study and area development plans if part of a new theme park land or building plans if part of one theme park attraction in the expanded Theme Park District (west of Disneyland Drive), the Southeast District, or the ARSP Theme Park Overlays to the Planning and Building Department to demonstrate any Family (Outdoor), Round and Small Show attractions shall be located at least 400 feet from sensitive receptors and include a 30-foot-high building or a 30-foot-high noise barrier between the attraction and the property line near noise-sensitive receptors. Planning & Building Department, Planning Services Division SR NOI-1 Prior to issuance of grading and/or building permits Contractor specifications shall include a note indicating that noise-generating construction activities which produce a sound pressure level at any point along the property line in excess of 60 dBA shall be limited to between the hours of 7:00 AM to 7:00 PM on any day. This requirement is identified in Section 6.70.010 of the City of Anaheim’s Noise Ordinance. Additional work hours may be permitted if deemed necessary by and on approval of the Director of Public Works or Building Official. Planning & Building Department, Building Division SR NOI-2 Prior to issuance of building permits Development shall comply with Title 24 of the California Code of Regulations, also known as the California Building Standards Code, which establishes building standards applicable to all occupancies throughout the state. Title 24 requires that new hotels, motels, and multi-family residences be designed to prevent the intrusion of exterior noise so that the interior noise, attributable to exterior sources, shall not exceed the 45 dBA Community Noise Equivalent Level (CNEL) in any habitable room with windows closed. Planning & Building Department, Building Division SR NOI-3 Ongoing during Project construction No commercial use shall produce noise associated with continual loading or unloading of heavy trucks at the site between the hours of 8:00 PM and 6:00 AM (Municipal Code Section 18.32.130). Planning & Building Department, Building Division Population and Housing PDF POP-1 Ongoing during project operations The Walt Disney Company will recruit workers who are already a part of the resident work force in the region. Implementation of The Disneyland Resort Specific Plan will further efforts in offering employment opportunities at various socioeconomic levels. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-32 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Public Services Fire MM PS-1 Prior to issuance of each building permit for development in the ARSP Parking and Theme Park Overlays The property owner/developer shall pay all applicable fire fees in the amount then in effect and in accordance with the City-adopted Fire Protection Facilities and Paramedic Services Impact Fee Program (initially established through City Council Resolution No. 95R-73). Alternatively, the City and the Property Owner/Developer may enter into alternative financing arrangements. Fire Department MM PS-2 Prior to commencement of structural framing on each parcel or lot Onsite fire hydrants shall be installed and charged, as required, by the property owner/developer. Fire Department MM PS-3 Prior to approval of each grading plan The property owner/developer shall submit an emergency fire access plan to ensure that service to the site is in accordance with the Fire Department service requirements. Fire Department MM PS-4 Prior to issuance of each building permit The property owner/developer shall submit a Construction Fire Protection Plan which shall include detailed design plans for accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. A construction plan providing a complete timeline and construction goals shall be provided and approved by the Fire Department for all new construction projects. Fire Department MM PS-5 Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection Plans shall indicate that all buildings shall have sprinklers installed by property owner/developer, to include all open and closed parking structures, exclusive of one-story detached accessory buildings of less than 120 square feet in floor area, and free standing shade structures that are open on at least two sides to sufficiently prevent the accumulation of smoke and hot gases. Additionally, alternatives to automatic sprinkler systems (e.g., self-contained water mist systems) that provide an equivalent level of fire protection may be approved for other buildings on a case-by-case basis upon review and approval by the Fire Department. Fire Department DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-33 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-6 Prior to issuance of each building permit Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full minimum width of 26 feet for all designated fire access roads. b. All fire access roads, bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 78,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies (hydrants) are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 300 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for all structures shall be a minimum of 1,500 gallons per minute f. Fire access roads shall be provided with vertical and horizontal clearance in compliance with Fire Department standards. Any changes to emergency vehicle access roads shall be included in the overall emergency vehicle access plans for the Resort area, and maintained by property owner/developer. The Fire Code Official shall review all proposed changes and determine whether to approve any deviations from these standards. g. Temporary structure regardless of type of construction shall be considered temporary if at a location for less than 6 months. Other than pre-fabricated construction trailers, structures that are at a location for more than 6 months shall be provided with a fire suppression system and/or fire notification/life safety systems applicable to the use of the structure. h. Integrated Safety Systems (ISS) testing as designed by the property owner/developer or an updated equivalent shall be required for all attractions on an annual basis. The property owner/developer shall provide advance notice to the Fire Department to coordinate witnessing of such testing at the Fire Code Official’s discretion. Fire Department DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-34 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-7 Prior to issuance of the first building permit for the DisneylandForward Project or as otherwise specified in the Development Agreement between the City and Disney The property owner/developer shall enter into a Fire Operations Agreement with the City of Anaheim to pay or cause to be paid its fair share of the funding to address the Operations and Community Risk Reduction staffing needs to maintain adequate levels of service of response and ongoing fire inspection of the Project and in the Anaheim Resort. Fire Department; City Attorney’s Office MM PS-8 Prior to approval of street improvement plans and water improvement plans The water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. Fire Department MM PS-9 Prior to the final building and zoning inspection for a hotel The property owner/developer shall submit an emergency evacuation response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on emergency evacuation procedures and incorporate ongoing emergency evacuation training for hotel staff to the satisfaction of the Fire Department. Fire Department MM PS-10 Prior to issuance of each building permit Plans shall be reviewed and approved by the Fire Department as being in conformance with the California Fire Code. Fire Department MM PS-11 Prior to the placement of building materials on a building site An all-weather fire access road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements noted in the Anaheim Municipal Code and in accordance with City of Anaheim Fire Department Standards. Fire Department MM PS-12 Prior to approval of building plans The property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with “knox box” devices as required and approved by the Fire Department. Fire Department MM PS-13 Prior to approval of on-site water plans Unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney’s Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. Fire Department; City Attorney’s Office DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-35 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-14 Prior to the issuance of construction permits associated with development of over 10,000 sf within the Theme Park District or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. The property owner/developer shall locate and design a Fire Substation within the Theme Park District, in a location approved by the Fire Chief. The Substation shall meet the below minimum criteria, and is subject to the review and approval of the Fire Chief: 1. Designated parking stalls, for a medic truck, ambulance, medic golf cart, and 2 staff vehicles 2. Equipped with dedicated fiber optic line (services for cable, wifi) 3. Two offices with two workstations each 4. Breakroom/kitchen type area 5. Day room able to accommodate up to 8 personnel (4 paramedics, 2 ambulance, 2 Community Risk Reduction) 6. Restrooms with showers/locker rooms Fire Department; Planning & Building Department, Planning Services Division MM PS-15 Prior to issuance of building permits for any structure greater than 75 feet tall The property owner/developer shall conduct an analysis to determine if the structure would interfere with the Emergency Radio Response Communication (ERRC) System signal. If warranted based on the analysis, the property owner/developer shall be responsible for installation of new or relocated equipment. Fire Department PDF PS-1 Ongoing during project operation The existing services and capabilities of the Disneyland Fire Department shall be maintained for the DisneylandForward Project Site. Existing services include preconstruction checks, pre-investigation of fires and alarms, preplanning for fires and evacuations, fire prevention program activities, and monitoring of pyrotechnics and special effects. Fire Department Police MM PS-16 Prior to issuance of each applicable building permit The property owner/developer shall pay all applicable police protection fees in the amount then in effect. Alternatively, the City and the property owner/developer may enter into alternative financing arrangements. Police Department MM PS-17 Ongoing during operation of the Disneyland Resort The operator of the public parking facilities shall provide an adequate staff of private security officers for patrol and surveillance of the facilities. Police Department DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-36 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-18 Prior to the issuance of the first building permit for DisneylandForward Project or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. The property owner/developer shall enter into Police Operations Agreement with the City of Anaheim to pay or cause to be paid its fair share of the funding for police personnel and equipment necessary to meet the service need of the Anaheim Resort as determined by the Chief of Police. Police Department; City Attorney’s Office MM PS-19 Prior to issuance of each building permit for parking structures The Police Department shall review the safety measures incorporated into the building plans for the parking structures within the DisneylandForward Project Site to be submitted by the property owner/developer. The security measures shall include the following or other substitute security measures as may be approved by the Police Department:  Immediate access in priority criminal cases, where an urgent need or demand exists and time is of the essence.  Closed circuit television surveillance and recording equipment or other adequate security measures reviewed and approved by the Police Department. Police Department MM PS-20 Ongoing during operation of the Disneyland Resort The property owner/developer shall continue to provide anti-gang, human trafficking, child exploitation and substance abuse educational programs which are currently provided for park security cast members. Police Department MM PS-21 Ongoing during operations The Disneyland Security Department shall be maintained to provide equivalent levels of service to the entire Disneyland Resort. These services will include initial response, investigation, and report writing. Entry points to the theme parks will be patrolled by the Disneyland Security Department. Police Department MM PS-22 Prior to issuance of each building permit for a hotel The property owner/developer shall submit plans to the Police Department for review and approval by the Chief of Police, or their designee, for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). Police Department MM PS-23 Prior to issuance of each building permit for or including a parking lot and/or parking structure The project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department and shall be subject to the review and approval of the Police Department. Police Department DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-37 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-24 Prior to issuance of the first building permit for the DisneylandForward Project or as otherwise specified in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. The property owner/developer shall coordinate with the Police Department to construct and maintain a Substation in the Theme Park District which meets the following minimum criteria: • Designated parking stalls, including EV charging stations, for approximately 4-6 EV, 15-20 regular spaces • Equipped with dedicated fiber optic line • Minimum of two private offices • Conference/briefing room • Interview room • Kitchen • Breakroom • Locker rooms with showers, restrooms, and lockers • Enclosed bicycle storage for at least 12 bicycles • Equipment storage (size equivalent to two offices) The location and facility components are subject to the review and approval of the Chief of Police. A designee of the Chief of Police shall be included in the initial design phase of the Substation, and shall be regularly consulted during design and construction. Any subsequent modification or relocation to either facility is subject to the review and approval of the Chief of Police. Police Department; Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-38 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM PS-25 Prior to issuance of the first building permit for development of over 10,000 sf in the Southeast District or Theme Park East Overlay or as otherwise determined in the Development Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. The property owner/developer shall coordinate with the Police Department to construct and maintain a Satellite Office in the Southeast District or the Theme Park East Overlay which meets the following minimum criteria: • Designated parking stalls, including 2 -4 EV charging stations, 6 - 8 regular spaces • Equipped with dedicated fiber optic line • Breakroom • Conference/briefing room • Interview room • Restrooms • Enclosed bicycle storage for at least 6 bicycles The location and facility components are subject to the review and approval of the Chief of Police. A designee of the Chief of Police shall be included in the initial design phase of the Satellite Office, and shall be regularly consulted during design and construction. Any subsequent modification or relocation to either facility is subject to the review and approval of the Chief of Police. Police Department; Planning & Building Department, Planning Services Division PDF PS-2 Ongoing during project operation The property owner/developer shall continue to provide and expand its Court Liaison program to meet the needs of the Disneyland Resort. Police Department Schools MM PS-26 Prior to issuance of each building permit The property owner/developer shall provide proof that school impact fees have been paid consistent with State statute. Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-39 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion PDF PS-3 Ongoing during project operations The Disneyland Resort has developed and/or engaged in a series of educational programs in cooperation with the local community and regional agencies and organizations, designed to enhance and complement the educational opportunities and experiences for the youth. The 10 educational programs that currently exist are indicated below 1. Anaheim Union High School District’s Anaheim’s Innovative Mentoring Experience (AIME) program 2. Big Brothers & Big Sisters of Orange County’s Workplace Mentoring Program at Anaheim Union High School District 3. United Way’s Youth Career Connections and Speakers Bureaus at the Anaheim Union High School District 4. Anaheim Family YMCA Avanza Program 5. Orange County Asian Pacific Islander Community Alliance’s ROOTED Career Development Program at Anaheim Union High School District 6. Hola Readers at Anaheim Elementary School District 7. Anaheim Elementary School District’s Broadway Bound: Empowering Young Performers in Anaheim 8. Boys & Girls Clubs of Greater Anaheim-Cypress gEARed Up for the Future 9. School Support Programs Girls Inc.’s Girls Meet the Workforce/Project Accelerate 10. CIF Champion Celebration Girl Scouts of Orange County’s Career Exploration Program – Dreams to Reality The property owner/developer will continue these programs and/or substitute similar programs of equal importance. Planning & Building Department, Planning Services Division Parks PDF PS-4 Ongoing during operations Substantial area within the Disneyland Resort shall be designed to encourage utilization by pedestrians in a park-like setting linking key areas of the project as described in the Disneyland Resort Specific Plan. Planning & Building Department, Planning Services Division; Community Services Department, Parks Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-40 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion PDF PS-5 Ongoing during operations The property owner/developer shall provide space(s), outside the ticketed theme park gates, easily accessible to theme park guests and non-ticketed visitors, where those who have brought their own food can eat. The proximity of amenities such as drinking fountains, vending machines, and restrooms/locker facilities will be considered in the siting and design or such space(s). Planning & Building Department, Planning Services Division; Community Services Department, Parks Division Libraries MM PS-27 Prior to the issuance of a building permit for development in the ARSP Parking and Theme Park Overlays, with the exception of theme park square footage transferred from the DRSP The property owner/developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. Planning & Building Department, Building Division Transportation MM TRA-1 Ongoing during project development and operations The property owner/developer shall implement the improvements and pay in lieu fees described in Table 19 (Recommended Intersection Improvements) and Table 20 (Other Transportation Improvements) of the Operational Traffic Analysis for the DisneylandForward Project (Gibson 2023), as set forth in Appendix J-2 of Subsequent EIR No. 352, within the time frames described in those tables. Prior to the issuance of each building permit, any remaining applicable Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees (Fees) relating to the building permit site shall be paid by the property owner/developer to the City of Anaheim in the amounts determined by the City Council Resolution in effect at the time of issuance of the building permit, except to the extent such fees may have been previously paid or satisfied pursuant to one or more separate agreements between Walt Disney Parks and Resorts U.S., Inc. and the City of Anaheim relating to The Disneyland Resort Project or The DisneylandForward Project. Public Works Department, Traffic and Transportation Division MM TRA-2 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, or as otherwise established in Development The property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. Public Works Department, Development Services Division; Public Works Department, Traffic DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-41 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Agreement between the City of Anaheim and Walt Disney Parks and Resorts U.S., Inc. or as approved pursuant to a Discretionary Exemption to establish the timing of Street and Other Right-of-Way Dedications and Improvements (Anaheim Municipal Code Section 18.40.060 Dedications and Improvements) and Transportation Division MM TRA-3 Prior to demolition of an existing Disneyland Resort parking lot Ongoing during project operation Replacement parking for the existing parking spaces removed will be constructed or secured. Access Improvements and Public Parking Facilities Included in Project Design (Exhibit 4.3.1b – Interstate 5-West Street/Disneyland Drive Interchange (Showing Entrance to West Parking Facility) and Exhibit 4.3.1c – Interstate 5/Katella Interchange (Showing Entrance to East Parking Facility) Public Parking Facilities. New public parking facilities will be constructed at opposite sides of The Disneyland Resort Specific Plan area to receive traffic from the I-5. A minimum of 24,500 guest and cast parking spaces will be provided. The West Parking Area is oriented to receive southbound I-5 traffic, and the parking facilities in the East Parking Area and adjacent ARSP Parking Overlay will be oriented to receive northbound I-5 traffic. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division MM TRA-4 To be implemented prior to final building and zoning inspections for the east and west parking structures/ facilities To be shown on street improvement plans: Improved Access. Access roads leading up to the parking facilities shall be sized to accommodate traffic at peak hours, thereby substantially reducing the likelihood of backups onto City streets and freeway ramps, subject to the approval of the City Engineer. No cast or guest access or egress will occur from Walnut Street. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-42 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM TRA-5 Prior to issuance of each building permit; to be implemented prior to final building and zoning inspections for both the east and west parking structures Speed Parking. Building plans shall show direct ramps to each level of the East and West Parking Area facilities to minimize internal circulation within the garages and accommodate the project's "speed parking" operation. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division MM TRA-6 To be implemented prior to final building and zoning inspection for each parking structure and/or facility To be shown on street improvement plans: Conveyance Systems. In addition to an extensive network of landscaped pedestrian thoroughfares, conveyance systems will transport Disneyland Resort guests around The Anaheim Resort. Guest transportation systems will move guests from the parking facilities to the Theme Park District. The monorail/guest transportation systems shall move guests within the Theme Park District. Future connections may also be provided to the Southeast District. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division MM TRA-7 To be implemented prior to final building and zoning inspections for the second theme park for Phase II; and if pursued, to be implemented prior to final building and zoning inspections for the East Parking Area or adjacent ARSP Parking Overlay parking structure(s) or other accessible location in Phase IV To be shown on street improvement plans: Theme Park Drop-Off Area. To provide access to the attractions in the Specific Plan area to people staying outside of The Disneyland Resort area, a bus and shuttle drop-off area will be located adjacent to Harbor Boulevard north of Disney Way as shown on Exhibit 4.4.2a of the Specific Plan; or, in Phase IV, the facility may be located adjacent or internal to the East Parking Area or the adjacent ARSP Parking Overlay Parking Structure(s), or other accessible location in the Theme Park District. The types of vehicles served at this facility may include public and private passenger shuttles and buses. Planning & Building Department, Planning Services Division; Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-43 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM TRA-8 Ongoing during project operation Transportation Demand Management Program The need to minimize cast vehicle trips to reduce congestion and improve air quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Coast Air Quality Management District (SCAQMD) and with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for The Disneyland Resort in meeting these goals. In addition, property owner/developer will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, Walt Disney Parks and Resorts U.S., Inc. will select specific programs for implementation. Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target. Public Works Department, Traffic and Transportation Division; South Coast Air Quality Management District • Provide a menu of commute alternatives for The Disneyland Resort cast, to reduce project-generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single-occupant vehicle travel) for both The Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new-hire training. A menu of TDM program strategies and elements for both, existing and future cast commute options would be examined, including, but not limited to, the following: DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-44 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion • Onsite Service. Onsite services, such as the food, retail, and other services may be provided to the cast. • Ridesharing. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to The Disneyland Resort. • Vanpooling. An online listing of all cast members living in proximity to The Disneyland Resort may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to The Disneyland Resort. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to The Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to The Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicycling. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Emergency Ride Home Program. The program may provide cast members who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-45 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion of emergencies during the work shift. In essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a vehicle in the event of an emergency. • Local Hiring Efforts. Continue to actively recruit prospective employees within 20 miles. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule - Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. - Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by The Disneyland Resort Cast. - Telecommuting. The Disneyland Resort employs cast members in a wide a variety of jobs including clerical, administrative and professional roles. Sometimes that work can be completed at home. Telecommuting will be encouraged on a limited basis as operational needs allow. • Work Environment/Facility Management - Parking Management. The Disneyland Resort may develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. - Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by Disneyland Resort cast members and other employees in the Anaheim Resort. DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-46 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion - Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. - Access. Preferential access to high occupancy vehicles and shuttles may be provided. - Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: - Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $300 per month per employee contributions to employees who vanpool or use public transit (including commuter rail and/or express bus pools). In addition, The Disneyland Resort provides free OCTA passes and a 75% subsidy (up to $100/month) for other transit passes. - Financial Incentive for Bicycling and Walking. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. Cast members may also receive a cash incentive for reporting a bike or walk commute. - Financial Incentive for Carpooling. Cast members may be offered a cash incentive for carpooling to work. - Special “Premium" for the Participation and Promotion of Trip Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. • Guests - Even though visitors to The Disneyland Resort are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from The Disneyland Resort. The property owner/developer is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-47 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion provision of convenient linkages to other modes of transportation. Marketing materials for The Disneyland Resort will describe it as an "auto-free" zone with a range of transportation amenities where cars are not needed. - Bicycle spaces for guests shall be visible from the primary entrance, illuminated at night, and protected from damage from moving or parked vehicles. • Construction Contractors The property owner/developer shall provide notification to the general construction contractors regarding the coordination of rideshare services for construction employees provided by the Anaheim Transportation Network (ATN). MM TRA-9 Ongoing during project operations The property owner/developer shall continue to participate in a clean fuel shuttle program, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the ongoing operation of The Disneyland Resort, including the Disney ARSP Properties. Proof of compliance with this measure shall be submitted to the City Traffic Engineer. Public Works Department, Traffic and Transportation Division MM TRA-10 Ongoing during construction If Anaheim Police Department or Anaheim TMC personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services. Police Department; Public Works Department, Traffic and Transportation Division MM TRA-11 Ongoing during project operations The property owner/developer will establish an onsite public information office (which is conveniently and accessibly located) where construction scheduling and phasing information will be available to the public. The public information office shall be open during construction hours. A telephone "hotline" will be provided to the community to allow members of the public to call the office with questions or comments during business hours. At least one liaison officer will be staffed at the office. The liaison officer shall be available to answer questions from the public and shall coordinate with the City of Anaheim, other public agencies, and major developers in the area regarding the coordination of construction activities and infrastructure improvements. The City shall be provided with a monthly summary of the calls received and follow-up actions. Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-48 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM TRA-12 Prior to issuance of each building permit for The Disneyland Resort or, any other timing specifically provided in this measure The property owner/developer shall submit a Traffic Mitigation and Construction Phasing and Control Plan. To the extent needed, as determined by the Public Works Department, the Traffic Mitigation and Construction Phasing and Control Plan shall identify the following: a. A Construction Staging Area Plan showing the location and size of the construction staging area. The Plan shall also show how the staging area will be screened from view in compliance with the City of Anaheim Municipal Code. Public Works Department, Traffic and Transportation Division MM TRA-13 Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during grading and construction A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan shall show conformance with the external noise limits for construction between 7 p.m. and 7 a.m. The Plan shall also prohibit construction traffic on residential streets where improvements are not planned and shall provide measures to ensure that truck drivers are directed away from residential streets and travel on approved routes only. Measures to assist in guiding truck movement on the arterial roadway system include, but are not limited to, provision of truck route maps to truck drivers and placement of flagpersons and construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions and potential repairing and/or repaving by property owner/developer after completion of construction as required by the City Engineer. Public Works Department, Traffic and Transportation Division MM TRA-14 Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during grading and construction A Construction Traffic Management Plan which includes mechanisms to reduce construction-related traffic congestion which shall be implemented during grading and construction, including, but not limited to, the following: 1. Configure construction parking to minimize onsite and offsite traffic interference. 2. Minimize obstruction of through-traffic lanes. 3. Provide flagpersons to guide traffic, as determined in the plan. Public Works Department, Traffic and Transportation Division MM TRA-15 Prior to approval of each grading plan or issuance of each demolition or building permit, whichever occurs first; implemented during construction A Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-49 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM TRA-16 Prior to approval of each building permit A Traffic Management Plan for phasing of roadway improvements, specifying the sequencing of construction to do the following: 1. Coordinate scheduling with other planned construction in the area. 2. Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. 3. Outline procedures for any required traffic detours during construction, including provision of tour bus stops. 4. Phase each roadway improvement to allow access to all existing businesses/residential areas. In some instances this will require lane-by-lane renovation, temporary bypass roads, or traffic reroutes. 5. Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. 6. Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. 7. Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. 8. Identify how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with the City of Anaheim Traffic Management Center (TMC), the Anaheim Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of The Disneyland Resort. Public Works Department, Traffic and Transportation Division MM TRA-17 Ongoing during project construction The property owner/developer shall submit a quarterly update report showing construction activities for the upcoming quarter which shall include traffic mitigation and control planning and construction scheduling. Public Works Department, Traffic and Transportation Division MM TRA-18 Prior to approval of each grading plan The property owner/developer shall show how the project will be in compliance with the Traffic Mitigation and Construction Phasing and Control Plan. Public Works Department, Traffic and Transportation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-50 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM TRA-19 Prior to the issuance of the first building permit The location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. Public Works Department, Traffic and Transportation Division MM TRA-20 Prior to the issuance of building permits Plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. Public Works Department, Traffic and Transportation Division MM TRA-21 Prior to the issuance of building permits or final map approval, whichever occurs first 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 Engineer shall be posted with the City to guarantee the satisfactory completion of 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 and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. Public Works Department, Development Services Division MM TRA-22 Prior to approval of each tentative tract or parcel map The following Street Design Elements shall be shown on each tentative tract or parcel map: a. Street cross-sections, including dimensions, labels, circulation designation (i.e., Resort Secondary) and whether public or private. b. Street grades and vertical alignment. c. Horizontal alignment, including radii, and cul-de-sac radii. Public Works Department, Development Services Division Tribal Cultural Resources MM TCR-1 Prior to the issuance of any permits allowing ground-disturbing activities that cause excavation to depths greater than current foundations Tribal Cultural Resources Monitoring. The property owner/developer or contractor as designee shall provide evidence in the form of an executed Agreement to the City of Anaheim Planning and Building Department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during construction-related ground disturbance activities and to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre-construction education, observation, Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-51 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance; (v) acknowledgment that if the tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that third party tribal monitoring is required during excavation and grading activities in accordance with the City-approved Agreement. Contact information for approved tribal monitor shall be provided by the contractor to the City inspector at the pre-construction meeting. SR TCR-1 Prior to approval of any amendment to the ARSP or the City of Anaheim General Plan The project property owner/developer shall coordinate with the City Planning Department to undergo a solicitation of Native American consultation pursuant to Senate Bill (SB) 18 (California Government Code, Section 65352.3). Planning & Building Department, Planning Services Division Utilities and Service Systems Public Services and Utilities - Water MM UTIL-1 Prior to issuance of building permits Among the water conservation measures to be shown on plans and implemented by the property owner/developer within the Specific Plan area include the following: • Use of low-flow sprinkler heads in irrigation system. • Use of waterway re-circulation systems. • Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self-closing valves on drinking fountains. • Use of reclaimed water for irrigation and washdown when it becomes available. • Continuation of the existing cooling tower recirculation system. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Low-flow shower heads in hotels. Utilities Department, Resource Efficiency Section; Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-52 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion • Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances. • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water-conserving landscape plant materials wherever feasible. • Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas. MM UTIL-2 Prior to each final building and zoning inspection The property owner/developer shall submit a certified water audit for landscape irrigation systems except for areas within the Theme Parks. Utilities Department, Resource Efficiency Section MM UTIL-3 Prior to issuance of each building permit All water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. Utilities Department, Water Engineering Division; Fire Department MM UTIL-4 Prior to issuance of each building permit Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner/developer’s service. Utilities Department, Water Services MM UTIL-5 Prior to issuance of building permits Plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the building permit plans. Utilities Department, Water Services DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-53 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM UTIL-6 Prior to final building and zoning inspections A separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 1,000 square feet for non-residential uses in accordance with Ordinance No. 6160. Utilities Department, Water Services MM UTIL-7 Ongoing during project development and operations The property owner/developer shall implement the following required improvements to the water supply system, in accordance with Anaheim’s Water Rates, Rules and Regulations, Water Services Administrative Procedures and Design Guidelines (APDG), and Water Services Standard Specifications (WSSS), within the timeframes described below or as further determined by the Public Utilities Department, Water Engineering Division. The cost of all Main Extensions, Main Enlargements, abandonments, relocations, and easements documents shall be paid for by the property owner/developer of the properties served by these mains in accordance with Rule 15A. • In the Theme Park District, west of Disneyland Drive, all new fire water connections, including but not limited to, those that would serve, private fire hydrants, in The Disneyland Resort shall be made to water mains served by the 335 Pressure Zone. Specifically, no new fire water connections are permissible on existing water mains in Walnut Street or Magic Way. Any new fire connections for buildings adjacent to these mains shall connect to the 20-inch water main in Disneyland Drive. • The Southeast District shall be served by at least two points of connection with internal looping. o Any new water service connections along Harbor Boulevard shall require the construction of a 12-inch water main from Convention Way intersection to a point approximately 400-ft north of the intersection. o Any new connection to the existing water main in Clementine Street, north of Orangewood Avenue, shall require replacement of the existing 8-inch water main with a new 12-inch water main. • Abandon the existing 12-inch water main within the Esplanade between Harbor Boulevard and Disneyland Drive. This work shall be completed concurrently with any proposed improvements along Disneyland Drive or Harbor Boulevard. • New easements may be required where public water infrastructure are located within private property through abandonment(s) of a public right-of-way. Such easements shall limit improvements that impact access for operation and maintenance of existing facilities. Alternatively, the property owner/developer may abandon and/or relocate existing public water infrastructure provided the property owner/developer prepares an analysis to determine any associated and Utilities Department, Water Services DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-54 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion appropriate improvements due to the work. The property owner/developer shall submit the analysis and any associated improvement plans to the Public Utilities Department, Water Engineering Division for review and approval. • Prior to issuance of building permits, the property owner/developer shall submit hydraulic analyses to determine the adequacy of existing and proposed facilities if required by the Public Utilities Department, Water Engineering Division. Public Services and Utilities – Wastewater/Sewer MM UTIL-8 Prior to issuance of any Building Permit for any new hotel development within the Theme Park District that proposes a portion or the entirety of the hotel project’s sewer flow to discharge to the City sewer system on Harbor Boulevard, north of Katella Avenue The property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether there is adequate capacity in the Harbor Boulevard sewer system to accept the flow from the proposed new hotel use. The Sewer Study shall determine whether the proposed hotel project would create a deficiency in the Harbor Boulevard sewer system or the downstream City sewer system. If the Sewer Study shows there would be deficiency in the Harbor Boulevard sewer system or the downstream sewer system, the Sewer Study shall identify the required sewer system upgrades. If a sewer system upgrade is required, the property owner/developer shall be responsible for the design and construction of the upgrade to the sewer system and all associated improvements [collectively, “Sewer Improvements”]. The City-identified and approved cost of the Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the related sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project and the sewer improvement plans shall identify all associated improvements required for the required Sewer Improvements. Construction of Sewer Improvements shall be completed prior to final building and zoning inspections for the hotel. If no sewer system upgrade is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085, with applicable credits applied for sewer flows from existing uses to be removed. Public Works Department, Development Services Division and Design Division MM UTIL-9 Prior to issuance of a plumbing permit resulting in a cumulative flow of more than 50 gpm peak in the Theme Park District resulting in redirected existing sewer flows that currently do not flow to The property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether there is adequate capacity in the Harbor Boulevard sewer system to accept the proposed redirected flow. The Sewer Study shall determine whether the proposed redirected flow would create a deficiency in the Harbor Boulevard sewer system or the downstream City sewer system. If the Sewer Study shows there would be deficiency in the Harbor Boulevard sewer system or the downstream sewer system, the Sewer Study shall identify the required sewer system upgrades. If a sewer system Public Works Department, Development Services Division and Design Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-55 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Harbor Boulevard to instead flow to Harbor Boulevard via non-gravity flow (e.g. lift station, force main, ejector pump, etc.) upgrade is required, the property owner/developer shall be responsible for the design and construction of the upgrade to the sewer system and all associated improvements [collectively, “Sewer Improvements”]. The City-identified and approved cost of the Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the related sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project and the sewer improvement plans shall identify all associated improvements required for the required Sewer Improvements. Construction of Sewer Improvements shall be completed prior to final building and zoning inspections for the hotel. If no sewer system upgrade is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085, with applicable credits applied for sewer flows from existing uses to be removed. MM UTIL-10 Prior to issuance of the first building permit for development of over 10,000 sf in the Southeast District or Theme Park East Overlay The property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate whether the total sewer flow proposed to the Katella Avenue sewer system, east of Harbor Boulevard, for development authorized by the DisneylandForward project for the Theme Park East Overlay/Southeast District does not exceed a peak flow of 285 gpm. And that the total sewer flow proposed to be directed to the Harbor Boulevard sewer system, south of Katella Avenue, for development authorized by the DisneylandForward project for the Theme Park East Overlay/Southeast District does not exceed a peak flow of 2,000 gpm (total allowable development within Theme Park East Overlay/Southeast District). If the projected sewer effluent flow exceeds these stipulated amounts for either the Katella Avenue or Harbor Boulevard sewer system, the Sewer Study shall determine whether the development project creates a deficiency in the Katella Avenue sewer system, east of Harbor Boulevard, or the Harbor Boulevard sewer system, south of Katella Avenue, sewer collections systems and the downstream City sewer system. Should a deficiency be created, the Sewer Study shall identify the required sewer system upgrades and improvements (“Sewer Improvements”). If Sewer Improvements are required, the property owner/developer shall be responsible for the design and construction of the Sewer Improvements. The City-identified and approved cost of the sewer improvements may be credited toward the applicable sewer impact fees for the development project upon completion of the Sewer Improvements and acceptance by the City. The design of the Sewer Improvements and the sewer improvement plans shall be completed prior to issuance of any Building Permit for development in the Theme Park East Overlay/Southeast District and shall identify all associated improvements required for the required Sewer Public Works Department, Development Services Division and Design Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-56 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion Improvements. Construction of Sewer Improvements shall be completed prior to the first final building and zoning inspection for development within the Theme Park East Overlay/Southeast District. If no improvement is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085. MM UTIL-11 Prior to issuance of any Building Permit for any new hotel development within the Parking Overlay (between Harbor Boulevard and Manchester Avenue) The property owner/developer shall prepare a Sewer Study for review and approval by the City Engineer, funded by the property owner/developer. Said Sewer Study shall evaluate the sewer flow from the hotel(s) directed to Clementine Street and ultimately Katella Avenue. Sewer improvements required to address deficiencies in the sewer systems in Clementine Street and/or Katella Avenue, east of Harbor Boulevard, shall be the sole responsibility of the property owner/developer (“Clementine and Katella Sewer Improvements”). Should a deficiency be created, the Sewer Study shall identify the required sewer system upgrades and improvements. If a sewer system upgrade is required, the property owner/developer shall be responsible for the design and construction of the Clementine and Katella Sewer Improvements and all associated improvements. The City-identified cost of the Clementine and Katella Sewer Improvements may be credited toward the applicable sewer impact fees for the hotel project(s) upon completion of the Sewer Improvements and acceptance by the City. The design of the Clementine and Katella Sewer Improvements and the sewer improvement plans shall be completed prior to issuance of any Building Permit for the hotel project(s) and identify all associated improvements required for the Sewer Improvements. Construction of sewer improvements shall be completed prior to issuance of the first certificate of occupancy for the first hotel development. If no improvement is required, the developer shall be required to pay the applicable sewer impact fees, pursuant to A.M.C. 10.12.085. Public Works Department, Development Services Division and Design Division Public Services and Utilities – Storm Drains MM UTIL-12 Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first The property owner/developer shall participate in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer’s responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. Public Works Department, Development Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-57 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney’s office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. MM UTIL-13 Prior to the issuance of building permits The City shall require that building plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. Public Works Department, Development Services Division Public Services and Utilities – Electricity MM UTIL-14 Prior to issuance of each building permit; to be implemented prior to each final building and zoning inspection In order to conserve energy, the Disneyland Resort shall comply with the California Energy Code (Title 10), which may include the following: • Consultation with the City energy-conservation experts at the Anaheim Public Utilities Community and Sustainability Division for assistance with energy-conservation design features. • Use of high-efficiency air conditioning systems, connected if feasible to a computerized central energy management system, and meeting all control, scheduling and load efficiency requirements of the California Energy Code (Title 24, Building Efficiency Standards). Utilities Department, Resource Efficiency Section DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-58 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion • Use of electric high-efficiency (NEMA) motors intended to conserve energy. • While recognizing the unique lighting apparatus required for some theme park uses, use of motion sensing lightswitch devices and light-emitting diode (LED) energy-efficiency lighting fixtures for indoor and outdoor lighting when feasible, T8 lamps, metal hallide and/or high-pressure sodium (HID) lamps. • Incorporation of electric vehicle chargers into parking structures. MM UTIL-15 Prior to issuance of a building permit If the property owner/developer incorporates grid-tied renewable energy generation systems into the project, they shall comply with the Anaheim Public Utilities Department’s most recent Interconnection Guidelines. Utilities Department, Resource Efficiency Section MM UTIL-16 Two to five years prior to energizing new switching stations The property owner/developer shall provide Anaheim Public Utilities Department electrical engineering staff with its forecasted electric demand and schedules to allow for sufficient lead time for planning, design, engineering, materials procurement, and construction of new electrical facilities, if required, to accommodate the Project’s additional or modified electrical demand. Forecasts must be at least two to five years: e.g., two years for the construction of up to two line extensions and five years for the construction of three line extensions or a new substation. Utilities Department, Electric Services Division Public Services and Utilities – Natural Gas As discussed in Draft Subsequent EIR No. 352, Section 5.16, Utilities and Service Systems, Natural Gas, incorporates MMs Section 5.5, Energy. Public Services and Utilities – Solid Waste MM UTIL-17 Ongoing during theme park operations and prior to final building and zoning inspections of new theme park development The property owner/developer shall implement a solid waste management plan which has been reviewed and approved by the Public Works Department to ensure that the project plans comply with AB 939, SB 1383 related to reducing organic waste in landfill, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim, and the County’s and City’s Integrated Waste Management Plans. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include the following plan components: a. Detailing the locations and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State, and City regulations for hazardous material disposal. d. Continuing participation in the City of Anaheim’s voluntary “Recycle Anaheim,” program or other substitute program as may be developed by the City. Public Works Department, Streets and Sanitation Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-59 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs at the Disneyland Resort, including: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collections and baling. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibition of curbside pick-up within The Disneyland Resort. MM UTIL-18 Ongoing during project operation The existing solid waste recycling and waste minimization practices at The Disneyland Resort shall be expanded as feasible to serve new development in The Disneyland Resort. Existing practices include: • Usage of recycled paper products for stationary, letterhead, and packaging. • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastic, kitchen grease, laser printer, toner, cartridges, oil, batteries, and scrap metal for recycling or recovery. Public Works Department, Streets and Sanitation Division MM UTIL-19 Prior to issuance of building permits Ongoing during project operation Plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Streets and Sanitation Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Public Works Department, Streets and Sanitation Division MM UTIL-20 Prior to issuance of each building permit The property owner/developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. Planning & Building Department, Planning Services Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-60 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion MM UTIL-21 Ongoing during project operation Upon City request and no less than annually or more than semi-annually, the property owner/developer shall prepare and submit to the Planning & Building Director or their designee a consolidated Construction Waste Management Report for all development projects on Disney Properties demonstrating that at least 75 percent of non-hazardous construction and demolition debris has been recycled or salvaged, or has otherwise complied with the City’s waste diversion program, which Report shall identify the materials diverted from disposal and whether the materials have been sorted on site or co-mingled. Planning & Building Department, Planning Services Division Public Service and Utilities – Television MM UTIL-22 Ongoing during project operation If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, the property owner/developer shall install a signal booster or relay system on the roof of the tallest project building to restore broadcast television reception to its original condition as soon as practicable. Planning & Building Department, Planning Services Division Public Services and Utilities – Standard Requirements SR UTIL-1 Prior to the issuance of each building permit The property owner/developer shall be required to prepare and submit to the City for review and approval (1) a Landscape Documentation Package and (2) landscape and irrigation plans with appropriate water use calculations in accordance with the requirements of Anaheim Municipal Code Chapter 10.19, Landscape Water Efficiency. Planning & Building Department, Planning Services Division SR UTIL-2 Prior to issuance of building permits The property owner/developer shall provide evidence to the Planning & Building Director or their designee that all sewage and wastewater disposal into the sewer system shall comply with OCSD’s Wastewater Discharge Regulations, including the procurement of the necessary permits by food service establishments that would be developed in the ARSP area. Planning & Building Department, Building Division SR UTIL-3 Prior to issuance of building permits The property owner/developer shall provide proof of payment to the Planning & Building Director or their designee for a sanitary sewer service charge to OCSD. Planning & Building Department, Building Division SR UTIL-4 Prior to issuance of building permits The property owner/developer shall provide proof of payment to the Planning & Building Director or their designee for a capital facilities connection charge to OCSD. Planning & Building Department, Building Division DisneylandForward Final Subsequent EIR No. 352 R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-61 Mitigation Measure/Project Design Feature Number Timing Measure Responsible for Monitoring Completion SR UTIL-5 Prior to issuance of building permits The property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings (24 CCR 6). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. Planning & Building Department, Building Division SR UTIL-6 Prior to issuance of building permits The property owner/developer shall be required to demonstrate to the Planning Department, Building Division that building plans meet the applicable California Green Building Standards (24 CCR11). Planning & Building Department, Building Division