thence northerly 87.73 feet along said curve
through a central angle of 07° 11’ 36” to the
beginning of a reverse curve, concave easterly
and having a radius of 698.77 feet; thence
northerly 87.73 feet along said curve through a
central angle of 07° 11’ 36” to a point of tangency
with the easterly line of said Walnut Street, 90 feet
wide; thence North 00°, 40’ 55” East 1091.16 feet
along said line to the beginning of a curve concave
easterly and having a radius of 25.00 feet and
tangent at its easterly terminus with the southerly
line of Cerritos Avenue, 97 feet wide; thence North
08° 58’ 30” West 149.11 feet to the intersection of
the northerly line of that certain document
recorded in Book 8735 Page 780 of Official
Records of said County, with the easterly line of
Walnut Street, 60 feet wide, as shown on Tract
No. 7948, in said City, as per map recorded in
Book 260 Pages 42 and 43 of Miscellaneous
Maps of said County; thence North 00° 40’ 23”
East 1305.73 feet along said easterly line to the
northerly line of the north half of the west half of
the Southeast Quarter of the Northeast Quarter of
Section 21, Township 4 South, Range 10 West, in
the Rancho San Juan Cajon de Santa Ana, in said
City, as per map recorded in Book 51 Page 10 of
Miscellaneous Maps of said County; thence South
89° 45’ 45” East 37.00 feet along said line to the
easterly line of Walnut Street, 87 feet wide, as
shown on a Parcel Map, in said City, as per map
recorded in Book 10 Page 44 of Parcel Maps;
thence North 00° 40’ 23” East 662.71 feet along
said easterly line to the southerly line of said
Parcel Map; thence South 89° 39’ 58” East 603.76
feet along said southerly line to the southeast
corner thereof; thence North 00° 40’ 05” East
608.70 feet along the easterly line of said Parcel
Map to the southerly line of Ball Road, 106 feet
wide; thence South 89° 34’ 11” East 405.70 feet
along said southerly line to the westerly line of a
Parcel Map, in said City, as per map recorded in
Book 29 Page 14 of Parcel Maps of said County;
thence South 00° 39’ 47” West 210.03 feet along
said westerly line to the southwest corner thereof;
thence South 89° 34’ 11” East 195.00 feet along
the southerly line of said Parcel Map to the
westerly line of West Street, 100 feet wide, as
shown on said Parcel Map; thence South 00° 39’
47” West 66.87 feet along said westerly line to the
westerly prolongation of the northerly line of the
south half of the Northwest Quarter of Section 22
of said Rancho San Juan Cajon de Santa Ana;
thence South 89° 10’ 01” East 560.54 feet along
said prolongation and northerly line to the easterly
line of Parcel 1 of a Parcel Map, in said City, as
per map recorded in Book 78 Page 42 of Parcel
Maps of said County; thence North 00° 38’ 42”
East 277.25 feet along said easterly line to the
southerly line of said Ball Road; thence South 89°
09’ 30” East 317.12 feet along said southerly line
to the beginning of a nontangent curve, concave
southwesterly, having a radius of 40.55 feet and
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to which beginning a radial line bears North 23°
01’ 08” East, said beginning being the most
westerly corner of that certain Irrevocable Offer of
Dedication recorded December 22, 1988 as
Instrument No. 88-668535 of said County; thence
southeasterly 4.37 feet along said curve through a
central angle of 06° 10’ 49” to the beginning of a
reverse curve, concave northerly and having a
radius of 59.45 feet; thence easterly 29.42 feet
along said curve through a central angle of 28° 21’
27”; thence South 89° 09’ 30” East 195.71 feet to
the southerly line of Ball Road, variable in width,
as shown on a Parcel Map, in said City, as per
map recorded in Book 40 Page 9 of Parcel Maps;
thence South 75° 59’ 03” East 21.91 feet along
said southerly line to the beginning of a curve
concave northerly and having a radius of 330.00
feet; thence easterly 151.52 feet along said curve
through a central angle of 26° 18’ 29”; thence
North 77° 42’ 28” East 48.61 feet to the southerly
line of that certain Document recorded February
21, 1990 as Instrument No. 90-090852 of Official
Records of said County; thence South 89° 09’ 30”
East 500.26 feet along said southerly line to the
southwesterly line of the Southern Pacific Railway
Company Right of Way; thence South 39° 56’ 21”
East 284.22 feet along said southwesterly line to
the most westerly corner of the land described in
the Deed to the State of California recorded April
6, 1960 in Book 5179 Page 272 of Official Records
of said County; thence South 36° 41’ 26” East
391.36 feet along said westerly line to the
beginning of a curve concave westerly and having
a radius of 370.00 feet and tangent at its southerly
terminus with that certain course, recited as North
00° 16’ 25” West, in the Deed to the state of
California filed December 1, 1954, as Instrument
No. 30189 in the office of the Registrar of Titles of
said County; thence southerly 241.06 feet along
said curve through a central angle of 37° 19’ 43”;
thence South 00° 38’ 17” West 265.88 feet along
said tangent line to the beginning of a curve
concave northeasterly and having a radius of
350.00 feet, said curve being the northwesterly
continuation of that certain curved southwesterly
line, recited as having a radius of 350.00 feet, in
the Deed to the State of California recorded
August 11, 1954 in Book 2789 Page 450 of Official
Records of said County; thence southeasterly
349.76 feet along said continuation and recited
curved southwesterly line, through a central angle
of 57° 15’ 25”; thence continuing South 56° 37’ 08”
East 39.04 feet along said southwesterly line to
the beginning of a curve concave southwesterly
and having a radius of 275.00 feet, said beginning
being the most northerly corner of the land as
described in Document recorded June 20, 1955 in
Book 3109 Page 539 of Official Records of said
County; thence southeasterly 274.81 feet along
said curved westerly line, through a central angle
of 57° 15’ 25” to a line parallel with and distant
westerly 60.00 feet, measured at right angles,
from the centerline of Harbor Boulevard as shown
on Record of Survey filed in Book 78 Pages 31
and 32 of Record of Surveys of said County;
thence along said parallel line south 00° 38’ 17”
west, .033 south 89° 11’ 21” east 7.00 feet to a line
parallel with and distant westerly 53.00 feet from
the centerline of said Harbor Boulevard; thence
South 00° 38’ 17” West 1106.79 feet along said
line to an angle point therein; thence continuing
South 00° 39’ 57” West 1144.72 feet to the
westerly prolongation of the northerly line of the
southerly 175.00 feet of the Southwest Quarter of
the Northwest Quarter of the Southeast Quarter of
Section 22, Township 4 South, Range 10 West, in
said Rancho San Juan Cajon de Santa Ana;
thence South 89° 09’ 46” East 713.78 feet along
said prolongation and northerly line to the westerly
line of Lot 20, Tract No. 190, in said City, as per
map recorded in Book 23 Page 50 of
Miscellaneous Maps of said County; thence North
00° 40’ 07” East 505.52 feet along said westerly
line to the northwesterly corner thereof; thence
South 89° 09’ 33” East 1225.80 feet along the
northerly line of said lot to the northwesterly
prolongation of the northeasterly line of Parcel 1
of a Parcel Map. in said City. as per map recorded
in Book 122 Pages 11 and 12 of Parcel Maps;
thence South 39° 57’ 30” East 278.71 feet along
said prolongation and northeasterly line to the
beginning of a curve concave southwesterly and
having a radius of 455.00 feet; thence
southeasterly 25.80 feet along said curve through
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a central angle of 03° 14’ 57” to the westerly line
of the land described in the Deed to the State of
California, recorded in Book 13216 Page 132 of
Official Records of said County; thence on a nontangent line South 25° 14’ 14” East 76.12 feet to the northwesterly corner of the land described in
Deed to the State of California recorded January
11. 1982 as Instrument No. 82- 009830 of said
County; thence South 14° 24’ 29” East 123.00
feet; thence South 01° 29’ 09” West 127.53 feet
an angle point in the westerly line of the land
described in the Deed to the State of California
recorded March 11, 1982 as Instrument No. 82-
085437, of Officials Records of said County;
thence South 20° 45’ 10” West 114.61 feet; thence
South 25° 28’ 23” West 29.84 feet to the southerly
line of said Lot 20; thence North 89° 09’ 46” West
528.16 feet along said line to the northerly
prolongation of the most westerly line of
Clementine Street as per document recorded in
Book 13525 Page 1615 of Official Records of said
County; thence South 00° 39’ 11” West 211.22
feet along said prolongation and westerly line to
the beginning of a curve concave easterly and
having a radius of 501.23 feet; thence continuing
along said westerly line, southerly 50.08 feet along
said curve through a central angle of 05° 43’ 30”
to the beginning of a reverse curve, concave
westerly and having a radius of 501.23 feet;
thence continuing along said westerly line
southerly 50.08 feet along said curve through a
central angle of 05° 43’ 30”; thence continuing
along said westerly line South 00° 39’ 11” West
335.40 feet to the northerly line of Tract No. 3330.
in said City, as per map recorded in Book 113
Pages 21 and 22 of Miscellaneous Maps of said
County; thence South 89° 11’ 46” East 2.00 feet
along said northerly line to the westerly line of
Clementine Street, 60 feet wide, as shown on map
of said Tract; thence South 00° 41’ 15” West
735.30 feet along said westerly line and its
southerly prolongation to the southerly line of
Katella Avenue, 120 feet wide, thence easterly
along said line to a line parallel with the east line
of the Northeast Quarter of Section 27 of said
Rancho San Juan Cajon de Santa Ana, and which
passes through a point on the north line of said
Section, distant thereon westerly 620.00 feet from
the Northeast Corner of said Northeast Quarter;
thence southerly 205.05 feet along said parallel
line to a line parallel with and distant southerly
205.00 feet, measured at right angles, from the
North line of said Section; thence easterly 575 feet
along said parallel line to the westerly line of
Haster Avenue, 90 feet wide as shown; thence
southerly 387.16 feet along said westerly line to
the south line of the north half of the north half of
said Northeast Quarter; thence westerly along
said south line to the east line of the west half of
the east half of said Northeast Quarter; thence
southerly along said east line to the south line of
the north half of the south half of said Northeast
Quarter; thence westerly along said south line to
a line parallel with and distant easterly 400.00 feet,
measured at right angles, from the easterly line of
Harbor Boulevard 120 feet wide; thence northerly
390.36 feet along said parallel line to a line parallel with and distant southerly 205.00 feet, measured
at right angles, from the southerly line of said
Katella Avenue; thence easterly along said
parallel line to a line parallel with and distant
easterly 890.00 feet, measured at right angles,
from the centerline of said Harbor Boulevard;
thence northerly 325.00 feet along said parallel
line to the northerly line of said Katella Avenue;
thence westerly along said northerly line to the
easterly line of the land described in Deed to
Alwyn S. Jewell and Lucille G. Jewell recorded
October 5, 1959 in Book 4912 Page 102 of Official
Records of said County; thence North 00° 37’ 57”
East 615.00 feet along said easterly line to a line
parallel with and distant 675.00 feet northerly,
measured at right angles, from the centerline of
said Katella Avenue; thence North 89° 11’ 49”
West 893.51 feet along said parallel line to the
westerly line of said Harbor Boulevard; thence
South 00° 39’ 57” West 615.00 feet along said
westerly line to the Point of Beginning.
EXCEPTING THEREFROM the following
described land: The easterly 500.00 feet of Lot 1
in Block 15 of the Fairview Colony Tract, in the City
of Anaheim. County of Orange, State of California,
as shown on a map Recorded in Book 1, Page 33
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of Miscellaneous Maps, records of Orange
County, California.
EXCEPTING THEREFROM that portion of said
land included within the lines of Tract No. 2854, as
shown on a map Recorded in Book 90, Pages 39
and 40 of Miscellaneous Maps, records of Orange
County; California.
EXCEPTING THEREFROM the following
described land: The North 435.00 feet of the West
455.00 feet of the East 460.00 feet of Lot 1 in Tract
2854, in the City of Anaheim, County of Orange,
State of California, as per Map recorded in Book
90, Pages 39 and 40 of Miscellaneous Maps, in
the office of the County Recorder of said County.
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Appendix A: List of Specific Plan Amendments, Adjustments and Associated Actions
The following is a consolidated list of past Disneyland Resort Specific Plan (DRSP) amendments, adjustments, and associated actions since the original DRSP adoption in 1993.
DRSP Amendment No. 1. On April 12, 1994, the City Council approved Amendment No. 1 in connection with an amendment to the Land Use Element of the City’s General Plan. Amendment No. 1 established “District A”, redesignated a portion of the East Parking Area (approximately 9 acres) to District A, and established Zoning and Development Standards for District A. Amendment No. 1 and the General Plan Amendment were approved by Resolution No. 94R-40 and 94R-41 adopted on March 22, 1994 and by Ordinance No. 5420 adopted on April 12, 1994. Prior to approving Amendment No. 1, the City Council, by motion, on March 22, 1994, determined that previously certified FEIR No. 311 was adequate to serve as the required environmental documentation for this request and modified Mitigation Monitoring Program No. 0067 to reference “District A” in Mitigation Measure 3.10.1-8.
DRSP Amendment No. 2. On June 20, 1995, the City Council approved Amendment No. 2 to redesignate a portion (approximately 10 acres) of the East Parking Area to District A and revisions to the text and exhibits of the DRSP for the associated redesignation, by Resolution No. 95R-95 adopted on June 13, 1995 and by Ordinance No. 5503 adopted on June 20, 1995. Prior to approving Amendment No. 2, the City Council, by motion, on June 13, 1995, determined that previously certified FEIR No. 311 was adequate to serve as the required environmental documentation for this request
DRSP Amendment No. 3. On October 22, 1996, the City Council approved Amendment No. 3, in connection with an amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 96-01. Amendment No. included modifications to The Disneyland Resort Project including a Revised Phasing Plan, modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document. Amendment No. 3 and its associated actions were approved by Resolution Nos. 96R177, 96R-178, 96R-179, adopted on October 8, 1996, and by Ordinance Nos. 5580 and 5581, adopted on October 22, 1996. Prior to approving Amendment No. 3, the City Council adopted Resolution 96R-176 on October 8, 1996, finding that the Addendum (dated July 31, 1996) to the DRSP FEIR No. 311 and Modified Mitigation Monitoring Program No. 0067 were adequate to serve as the required environmental documentation for this request.
DRSP Adjustment No. 1. On September 16, 1997, the City Council approved Adjustment No. 1 to include standards addressing permitted encroachments, screening requirements and height limitations by Ordinance No. 5613. The City Council found that this amendment was categorically exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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DRSP Amendment No. 4. On July 13, 1999, the City Council approved Amendment No. 4 pertaining to the Pointe Anaheim Lifestyle Retail and Entertainment Complex, in connection with amendments to the Land Use Element of the City’s General Plan and the Anaheim Resort Public Realm Landscape Program, Conditional Use Permit No. 4078, and Development Agreement No. 99-01. Amendment No. 4 established Zoning and Development Standards for the Pointe Anaheim Overlay, modified the DRSP Land Use Plan, Public Facilities Plan, Design Plan and Conditions of Approval and incorporated text and graphic modifications to implement the Pointe Anaheim Project on 29.1 acres within the DRSP area. Amendment No. 4 added the Point Anaheim Overlay to a portion of District A (18.9 acres) and the Parking District (East Parking Area)/C-R Overlay (10.2 acres). Amendment No. 4 and its associated actions were approved by Resolution Nos. 99R-134, 99R-135, 99R-136 and 99R-137 adopted on June 22, 1999 and July 13, 1999; and, Ordinance Nos. 5689 and 5690 adopted on July 13, 1999. Prior to approving Amendment No. 4, the City Council adopted Resolution No. 99R-133 on June 22, 1999, finding that a Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004 were adequate to serve as the required environmental documentation for this request.
DRSP Adjustment No. 2. [This number was not used.]
DRSP Adjustment No. 3. On September 19, 2000, the City Council approved Adjustment No. 3, which modified permitted accessory uses within the Parking District and permitted encroachments in the Theme Park District by Ordinance No. 5736. The City Council found that this amendment was categorically exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
DRSP Adjustment No. 4. On May 1, 2001, the City Council approved Adjustment No. 4, which modified criteria for Informational, Regulatory and Directional (IRD) Signs visible from the Public Rights-of-Way by Ordinance No. 5768. The City Council found that this amendment was categorically exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
DRSP Amendment No. 5. On March 19, 2002, the City Council approved Amendment No. 5 pertaining to the Pointe Anaheim Lifestyle Retail and Entertainment Complex, in connection with amendments to the Land Use Element of the City’s General Plan, the Anaheim Resort Public Realm Landscape Program and Conditional Use Permit No. 4078, and the First Amended and Restated Development Agreement No. 99-01. Amendment No. 5 included text and exhibit modifications throughout the DRSP relating to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 634,700 gross square feet of specialty retail, restaurants, and entertainment, including a 94,000 square foot aquarium; 1,662 hotel rooms/suites (including up to 200 vacation ownership units) and 322,071 square feet of hotel accessory uses of which up to 178,120 gross square feet on top of the parking structure may be used for a hotel conference center; and 1,949,800 gross square foot parking structure with up to 4,800 parking spaces and 15 bus spaces at ultimate build out of the project with a 10,200 square foot bus terminal/facility. Amendment No. 5 and its associated actions were approved by Resolution Nos. 2002R-54, 2002R-55, 2002R-56, 2002R-57 and 2002R-58 adopted on February 26, 2002; and, by The Disneyland Resort Specific Plan Appendix A
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Ordinance Nos. 5807 and 5808, adopted on March 19, 2002. Prior to approving Amendment No. 5, the City Council adopted Resolution No. 2002R-53 on February 26, 2002, finding that the Addendum (dated October 29, 2001) to the Mitigated Negative Declaration, including the Modified Mitigation Monitoring Plan No. 004, for the Pointe Anaheim Project were adequate to serve as the required environmental documentation for this request.
DRSP Adjustment No. 5. On May 20, 2003, the City Council approved Adjustment No. 5 relating to various zoning and site development standards including, but not limited to, modifications to minimum lot width, permitted architectural projections into setback areas, minimum distance between driveways and permitted signage in the Pointe Anaheim Overlay by Ordinance No. 5859.
The City Council found that this amendment was categorically exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
DRSP Amendment No. 6. On April 25, 2006, the City Council approved Amendment No. 6, pertaining to the Anaheim GardenWalk Project, in connection with amendments to the Land Use Element of the City’s General Plan, Conditional Use Permit No. 4078, the Second Amended and Restated Development Agreement No. 99-01, Tentative Parcel Map No. 2002-205, Final Site Plan No. 2006-2002, and the First Amended and Restated Development Agreement by and between the City of Anaheim and Anaheim GW, LLC. Amendment No. 6 amended the DRSP Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, and Conditions of Approval to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theatre; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces. This amendment also changed the project reference from “Pointe Anaheim Lifestyle Retail and Entertainment Complex” to “Anaheim GardenWalk project” and the overlay reference from “Pointe Anaheim Overlay” to “Anaheim GardenWalk Overlay.” Amendment No. 6 and its associated actions were approved by Resolution Nos. 2006-061, 2006-062, 2006-063 adopted on April 11, 2006; and by Ordinance Nos. 6022 and 6023, adopted on April 25, 2006. Prior to approving Amendment No. 6, the City Council, by motion, on April 11, 2006, determined that the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with the Second Addendum (dated March 1, 2006) and the Modified Mitigation Monitoring Plan No. 004a, were adequate to serve as the required environmental documentation for this request.
DRSP Adjustment No. 6. On August 22, 2006, the City Council approved Adjustment No. 6 to modify sign standards for the Disneyland Resort Specific Plan by Ordinance No. 6031. The City Council found that previously certified Environmental Impact Report No. 330 for a citywide General Plan Amendment and Zoning Code Update were adequate to serve as the required environmental documentation for this request.
DRSP Amendment No. 7. On April 24, 2007, the City Council approved Amendment No. 7, to modify zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs by approving Resolution No. 2007-048 on April 17, 2007 and adopting Ordinance No. 6056. Prior to approving Amendment No. 7, the City Council, by motion, The Disneyland Resort Specific Plan Appendix A
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on April 17, 2007, determined that the previously-approved Second Addendum (dated March 1, 2006) to the Pointe Anaheim Initial Study and Mitigated Negative Declaration was sufficient to serve as the required environmental documentation for this request.
DRSP Adjustment No. 7. On January 29, 2008, the City Council approved Adjustment No. 7 to modify zoning and development standards pertaining to the number of hotel rooms permitted in the Hotel and Theme Park Districts to transfer 25 hotel rooms from the Hotel District to the Theme Park District by Ordinance No. 6093. The City Council found that the previously certified Final EIR No. 311 was adequate to serve as the required environmental documentation for this request.
DRSP Amendment No. 8. On August 23, 2011, the City Council approved Amendment No. 8, in connection with amendments to the Land Use Element of the City’s General Plan, Development Agreement No. 99-01, Conditional Use Permit No. 4078 and Final Site Plan 2006-00002, related to the Anaheim GardenWalk Overlay. Amendment No. 8 included text and exhibit changes to modify and increase the total amount of retail, dining and entertainment (RDE) uses within the Anaheim GardenWalk Overlay by reducing the permitted amount of retail, increasing the permitted amount of dining, increasing the permitted amount of entertainment uses and reducing the size of the bus terminal/facility. The amendments only pertain to the bus terminal/facility and the RDE uses permitted within Development Area of the Anaheim GardenWalk Overlay and do not change the existing building footprint. The amendment did not include any modifications to the hotels and hotel accessory uses permitted within Development A or the RDE uses, hotels, hotel accessory uses or parking permitted within Development Area B. Amendment No. 8 and its associated actions were approved by Resolution Nos. 2011-119, 2011-120, 2011-121, 2011-122 adopted on August 16, 2011 and by Ordinance Nos. 6221 and 6222 adopted on August 23, 2011. Prior to approving Amendment No. 8, the City Council, by motion, on August 23, 2011, determined that the Pointe Anaheim Initial Study and Mitigated Negative Declaration together with the Third Addendum (dated June 6, 2011) serve as the appropriate environmental documentation for this request.
DRSP Adjustment No. 8. On February 23, 2016, the City Council approved Adjustment No. 8 to modify zoning and development standards pertaining to the signs in the GardenWalk Overlay, to remove specific sign criteria and, instead, refer to the Coordinated Signage Program approved in conjunction with Conditional Use Permit No. 4078 so that future changes to signs would be subject to an amendment to the conditional use permit, and not the Code. The City Council adopted Ordinance No. 6361, and determined that the request was categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures).
DRSP Adjustment No. 9. On October 18, 2016, the City Council approved several amendments to the Zoning Code including Adjustment No. 9 to amend Chapter 18.114 to (1) remove Katella Avenue and West Street/Disneyland Drive from the Sky Exposure Plane requirement for the Hotel District of the Disneyland Resort Specific Plan, such that the permitted height would be subject to the Maximum Permitted Structural Height Map; and (2) remove the limit on the number of vacation ownership units permitted in the Theme Park and Hotel Districts of the Disneyland Resort Specific Plan, consistent with the Anaheim Resort Specific Plan. The City Council adopted Ordinance No. 6382 on October 18, 2016 and determined that the ordinance was not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines.
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DRSP Adjustment No. 10. On December 20, 2016, the City Council approved Adjustment No. 10 to modify zoning and development standards pertaining to icon/themed signage elements in the GardenWalk Overlay, to increase the height limit for the 30-foot iconic signage element to 90 feet in order to accommodate a proposed water tower element. The City Council adopted Ordinance No. 6391 and determined that the request was categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures).
DRSP Adjustment No. 11. On December 19, 2017, the City Council approved Adjustment No. 11 to modify zoning and development standards such that the permitted encroachments allowed within required setback areas in the C-R District of Anaheim Resort Specific Plan would be allowed within the C-R Overlay of the Disneyland Resort Specific Plan. The City Council adopted Ordinance No. 6425 and determined that the request was exempt from further environmental review under the California Environmental Quality Act Guidelines Section 15060(c)(2).
DRSP Adjustment No. 12. On April 10, 2018, the City Council approved Adjustment No. 12 to modify zoning and development standards to allow Valet Parking as a permitted accessory use when accessory to a primary use that is permitted by right in the Specific Plan area. The City Council adopted Ordinance No. 6432 and determined that the request was exempt from further environmental review under the California Environmental Quality Act Guidelines Section 15061 (b)(3).
DRSP Adjustment No. 13. On December 3, 2019, the City Council approved Adjustment No. 13 to assign review authority of Final Site Plans in the Disneyland Resort Specific Plan to the Planning Director and clarify that parking lots or structures in the Theme Park District are subject to approval by the City Engineer and Planning Director, for vehicular access and parking layout, respectively.
The City Council adopted Ordinance No. 6473 and determined that the request was exempt from further environmental review under the California Environmental Quality Act Guidelines Section 15061 (b)(3).
DRSP Adjustment No. 14. [Withdrawn by the applicant.]
DRSP Adjustment No. 15. On February 9, 2021, the City Council approved Adjustment No. 15 to clarify that dual-lit channel letter signs are not permitted in the Disneyland Resort, Anaheim Resort, and Hotel Circle Specific Plans. The City Council adopted Ordinance No. 6506 and determined that the request was exempt from further environmental review under the California Environmental Quality Act Guidelines Section 15061 (b)(3).
DRSP Amendment No. 9. On [date], the City Council approved DRSP Amendment No. 9 (DisneylandForward), an update to The Disneyland Resort Project to allow for the transfer of uses permitted under the Specific Plan to other areas of the Specific Plan and properties within the Anaheim Resort Specific Plan owned or leased by Walt Disney Parks and Resorts U.S., Inc. or other subsidiaries of The Walt Disney Company (Disney). DRSP Amendment No. 9 also provided for future administrative review by the City of Disney’s development projects on Disney property within the Specific Plan and the Anaheim Resort Specific Plan. DisneylandForward did not increase previously approved square footage or hotel rooms in the Specific Plan or the Anaheim Resort Specific Plan, however it increased the number of theme park-related parking spaces in the The Disneyland Resort Specific Plan Appendix A
PLANNING COMMISSION PUBLIC REVIEW DRAFT (MARCH 2024)
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Anaheim Resort Specific Plan Parking Overlay by 4,376 spaces. DRSP Amendment No. 9 and its associated actions were approved by [insert] and adopted on [date]. The City Council certified Final Subsequent Environmental Impact Report (SEIR) No. 352 on [date]. In serving as the CEQA compliance document for DisneylandForward, SEIR No. 352 provided the additional environmental analysis contemplated under EIR No. 311 for the addition of theme park, hotel rooms, and retail, dining and entertainment uses in the Southeast District and the expansion of the Theme Park District west of Disneyland Drive. SEIR No. 352 also provided the environmental analysis required for the addition of theme park uses in the ARSP Theme Park East and ARSP Theme Park West Overlays and the additional of parking uses in the ARSP Parking Overlays.
The Disneyland Resort Specific Plan Appendix B
PLANNING COMMISSION PUBLIC REVIEW DRAFT (MARCH 2024)
B-1
Appendix B: Conditions of Approval
(Language to be inserted once through process).
The Disneyland Resort Specific Plan Appendix C
PLANNING COMMISSION PUBLIC REVIEW DRAFT (MARCH 2024)
C-1
Appendix C: Mitigation Monitoring Program
(Language to be inserted once through process).
D-1
Conditions of Approval for
Conditional Use Permit No. 4078
Anaheim GardenWalk Project
Approved by City Council Resolution No. 99R-136
(As last amended by Resolution No. 2011-121)
NO. CONDITIONS OF APPROVAL REVIEW BY
1. Prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for city-authorized improvements installed by the property owner/developer.
Public
Utilities
2. Prior to approval of street improvement plans, pedestrian walkway lighting plans in the public rights-of-way shall be reviewed and approved by the Public Utilities Department, Electrical Services Division, and the Police Department.
Public
Utilities
3. Prior to issuance of each building permit, whichever occurs first, public utility easements (“PUE’s”) shall be recorded and/or abandonment of PUE’s shall be processed to the satisfaction of the Public Utilities Department for the following circumstances:
A. As a result of increases in rights-of-way, where electrical and communication facilities are located adjacent to the existing right-of-way, the facilities shall be either located within the new right-of-way or relocated to new adjacent areas, requiring a PUE.
B. The undergrounding of power and communication lines along the major streets will result in the need to obtain PUE’s for placement of pad mounted equipment and related facilities required as a result of the overhead to underground conversion work.
C. Alterations to existing private buildings and/or construction of new structures (buildings, signs, landscaping elements, etc.) may require relocation of existing electrical and/or communication facilities. This will require abandonment of existing PUE’s and recordation of new PUE’s to accommodate such relocation.
Public
Utilities
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-2
NO. CONDITIONS OF APPROVAL REVIEW BY
4. A. Prior to approval of street improvement plans, roadway lighting of all public streets shall be designed in accordance with the Anaheim Resort Identity Program and associated construction specifications to the satisfaction of the Planning Department, Planning Services Division and the Public Works Department.
B. Prior to approval of street improvement plans, unless records indicate previous payment, the property owner/developer shall pay or cause to be paid all costs associated with replacing the existing City of Anaheim street light system within the public rights-of-way adjacent to or within The Disneyland Resort Specific Plan Area with street lights designed in accordance with the Anaheim Resort Identity Program to the satisfaction of the Public Utilities Department, Electrical Services Division.
Public
Utilities
5. That prior to approval of tentative tract or parcel maps, the following street design elements shall be shown on each tentative tract or parcel map to the satisfaction of the Department of Public Works:
A. Street cross-sections, including dimensions, labels, General Plan Circulation Element designation (i.e., Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
Public Works
6. Prior to approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim, to the satisfaction of the Department of Public Works.
Public Works
7. Prior to approval of each street improvement plan, the following shall be provided for a one (1) year maintenance period (commencing at completion of final building and zoning inspections), in a manner acceptable to the Department of Public Works:
A. Public Realm parkway and median island landscaping and irrigation maintenance. (The “Public Realm” is described in subsection 5.3 “Landscape Concept Plan” of Section 5.0 “Design Plan” of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in accordance with landscaping plans in a timely manner in the event that it is removed, damaged, diseased and/or dies.
Public Works
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-3
NO. CONDITIONS OF APPROVAL REVIEW BY
8. All engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the Department of Public Works and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the Department of Public Works; and that security in an amount and form satisfactory to the Department of Public Works, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of building permits or prior to approval of a final subdivision map to guarantee the installation of the related improvements prior to final building and zoning inspections.
Public Works
9. Prior to issuance of building permits, the property owner/developer shall ensure to the satisfaction of the Fire Department that an all-weather road/driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, before building materials are placed on a building site. Such routes shall be paved or, subject to approval of the Fire Department, shall otherwise provide adequate emergency access.
Fire
10. Prior to issuance of grading and building permits, the property owner/developer shall ensure 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
11. 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
City Attorney
12. Prior to approval of landscape plans for any areas within seven (7) feet of public sidewalks, unless determined unnecessary by the Department of Public Works, root and sidewalk barriers for trees (with the exception of palm trees) shall be shown on said landscape plans. Prior to final building and zoning inspection, root and sidewalk barriers shall be installed to the satisfaction of the Department of Public Works.
Public Works
13. Prior to approval of landscaping plans, the property owner/developer shall indicate on said plans, to the satisfaction of the Planning Department, Planning Services Division and Department of Public Works, Resort Services Division, that all trees planted in the Public Realm will be planted in accordance with the standard City specifications.
Planning
Public Works
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-4
NO. CONDITIONS OF APPROVAL REVIEW BY
14. Prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department, Planning Services Division that all landscaping has been installed in accordance with landscaping plans approved by the City and on file with the Building Division of the Planning Department.
Any deviation from the plant palette shown on the approved landscape plans shall be submitted for review and approval by the Planning Department, Planning Services Division. All irrigation equipment within the setback area shall be fully screened so that the equipment is not visible from the public right-of-way. Prior to final building and zoning inspections for the setback area, additional planting may be required for screening purposes to the satisfaction of the Planning Department, Planning Services Division.
Planning
15. On-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems within areas in which dedication has not been accepted by the City, shall be maintained by the property owner/developer in compliance with City standards.
Planning
16. 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 dies. (The “Setback Realm” is described in subsection 5.3 “Landscape Concept Plan” of Section 5.0 “Design Plan” of The Disneyland Resort Specific Plan document.) Planning
17. Prior to approval of landscape plans, plans shall include a note that a licensed arborist shall be responsible for all tree trimming within the Setback Realm.
Planning
18. Prior to approval of each Final Site Plan, plans shall show that no less than twenty percent (20%) of the interior courtyards shall be landscaped with a variety of shrubs, groundcover, mature trees and potted plants to create a lush garden environment for the pedestrian (this landscaping is in addition to the required landscaped setback areas, as is measured by shade coverage). Seating areas and decorative features including, but not limited to, interactive and decorative water fountains and works of art, may also be included in this percentage. Adjacent to solid portions of building walls (i.e., where there are no store-front windows), small grouping of trees or shrubs, raised planters and site furnishings shall be located to minimize views of blank walls.
Planning
19. Prior to approval of each Final Site Plan, plans shall show that major project entries shall be enhanced with a more densely planted shrub palette utilizing annual color, perennial color and accent trees, to the satisfaction of the Planning Department.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-5
NO. CONDITIONS OF APPROVAL REVIEW BY
20. Prior to issuance of grading and/or building permits, the property owner/developer shall document on grading and/or building plans that a construction barrier at the construction project perimeter areas (adjacent to public rights-of-way and/or other private property) be installed prior to commencement of construction activity. Subsequent to installation, property owner/developer shall notify the Planning Department, Planning Services Division that said construction barrier has been installed. The construction sound barriers shall be a minimum height of eight (8) feet with a minimum surface weight of one and one-quarter pounds (1.25 lbs.) per square foot or a minimum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product.
Plannin
21. Sweeping operations in the parking facilities and private streets or on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operates at a sound level measuring not greater than 60 dBA at the nearest adjacent property line.
Planning
22. Pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetic considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m.
Planning
23. Prior to issuance of building permits for the parking structures, a note shall be placed on the building plans which states, to the satisfaction of the Planning Department, that, in conjunction with construction of the parking structure, no impact drive piles shall be allowed.
Planning
24. Prior to approval of final site plans and issuance of building and grading permits, plans shall be submitted to the Planning Department that document compliance with Specific Plan No. 92-1, as amended.
Planning
25. Each Final Site Plan for the Anaheim GardenWalk project shall be prepared in conformance with Chapters 18.114.040 (Disneyland Resort Specific Plan) and
18.116.040 (Anaheim Resort Specific Plan) Final Site Plan submittal requirements. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans.
Planning
26. Prior to issuance of building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for City-authorized improvements installed by the property owner/developer.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-6
NO. CONDITIONS OF APPROVAL REVIEW BY
27. Prior to issuance of building permits, the property owner/developer shall document on building plans, to the satisfaction of the Planning Department, Planning Services Division, that all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by The Disneyland Resort Specific Plan and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. That as part of final building and zoning inspections, compliance shall be verified. Additionally, all exterior appurtenances such as conduits shall be minimized and integrated into the structure; and that any rain gutters and downspouts and vents shall be finished to match the building materials and/or colors.
Planning
28. Prior to issuance of building permits, the property owner/developer shall document on said plans, to the satisfaction of the Planning Department, Planning Services Division, that all plumbing or other similar pipes and fixtures located on building exteriors shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. That as part of final building and zoning inspections, compliance shall be verified.
Planning
29. The property owner/developer shall be responsible for removal of any on-site graffiti within twenty-four (24) hours of its application.
Planning
30. The conceptual location and configuration of all lighting fixtures including ground-mounted lighting fixtures shall be shown on each Final Site Plan. That prior to issuance of building permits, plans submitted for building permits shall document, to the satisfaction of the Planning Department, Planning Services and Building Divisions, the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings and landscape elements, or to illuminate pedestrian areas. All lighting shall be shielded to direct lighting toward the area to be illuminated.
That as part of final building and zoning inspections, compliance shall be verified.
Planning
31. Prior to approval of each Final Site Plan, the property owner/developer shall document on plans, to the satisfaction of the Planning Department, Planning Services Division, that building elevations shall show that the rear elevations of buildings visible from a five (5) foot high view point from off-site areas shall be architecturally accented to portray a finished look.
Planning
32. Prior to recordation of a subdivision map, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the Department of Public Works and the Planning Department, Planning Services Division, and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder.
Public Works
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-7
NO. CONDITIONS OF APPROVAL REVIEW BY
33. No shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback areas.
Planning
34. In connection with submittal of the first Final Site Plan for Area A the property owner/developer shall submit a comprehensive sign program. Each subsequent Final Site Plan shall include a sign program that shall be in compliance with the comprehensive sign program and the development standards of the Anaheim GardenWalk Overlay. The comprehensive sign program shall at a minimum include the following:
A. A sign theme/concept which demonstrates an overall appearance quality and type of sign, banner or other display device; the quality of such signage shall be equivalent to those utilized at Universal City Walk, Fashion Island or Irvine Spectrum. This is a quality standard and is not intended, nor does it provide, additional signage rights or permit any specific type of sign which does not conform with the signage regulations set forth in The Disneyland Resort Specific Plan, as amended per the Anaheim GardenWalk Overlay.
B. Sign criteria for interior corporate sponsorship displays (said displays could include “jumbotrons,” banners or placards) which are oriented towards the interior of the Anaheim GardenWalk project. The staff report to the Planning Commission shall include a recommendation by the Planning Director regarding his or her determination as to the orientation of such displays. Such displays shall not be visible from the public rightof-way at an equal elevation as the Anaheim GardenWalk property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim GardenWalk project) except through the limited view corridors set forth in the Anaheim GardenWalk Overlay.
C. Sign criteria limiting interior wall signs from projecting more than fifty percent (50 %) of the vertical height of the sign above the roof parapet or fifty (50%) of the horizontal length of the sign beyond the side of a building.
D. Sign Criteria consistent with the adopted sign regulations for the Anaheim GardenWalk Overlay.
E. Standards for maintenance and replacement of damaged/broken signs and banners and installation and maintenance of changeable sign copy neon signage or electronic readerboards.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-8
NO. CONDITIONS OF APPROVAL REVIEW BY
35. Prior to issuance of building permits for the retail and parking structure component of Area A, the property owner/developer shall submit final design plans for the icon/themed signage element indicated on Exhibit No 12 of this conditional use permit and that the height of the icon element would be reduced from a maximum height of 120 feet to a maximum height of 75 feet as measured from the grade level of the sidewalk on Disney Way and that lighting on the icon will be limited to subtle lighting that slowly changes colors. If the icon element does not include any signage visible from the public rights-of-way at an equal elevation as the Anaheim GardenWalk property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim GardenWalk project), plans shall be reviewed by the Planning Director for substantial conformance with the Final Site Plans.
If the icon includes any signage, a conditional use permit in compliance with Section 18.114.130.020.0201.02(b) and 18.114.130.060.0602.05 shall be required, with the maximum height and design of the element subject to the review and approval of the Planning Commission. Preliminary design plans for said icon/ themed element without signage shall be shown on plans submitted as part of Final Site Plans subject to the review and approval of the Planning Commission. Said plans shall include the location, design, height, dimensions, and lighting scheme of the icon/themed structure. Final design plans shall be subject to the review and approval of the Planning Director prior to the issuance of building permits and/or may be recommended for review and approval by the Planning Commission as a report and recommendation item at the sole discretion of the Planning Director
Planning
36. Prior to issuance of each sign permit the property owner/developer/tenant shall submit a letter and plans demonstrating that the sign plans conform with the comprehensive sign program approved by the Planning Commission and with the business identification sign locations for Disney Way and Katella Avenue.
Planning
37A. Prior to approval of each Final Site Plan, the property owner/developer shall submit the anticipated construction schedule for each of the remaining project components by development phase; and that an updated schedule shall be submitted to the Planning Department every six (6) months until the project is completed, or as deemed necessary by the Planning Department.
Planning
37B. The property owner/developer shall be responsible for all costs associated with the review of each Final Site Plan application by an architect, licensed by the State of California and selected by the City, to review the Final Site Plan for conformance with Section 5.0 “Design Plan” of The Disneyland Resort Specific Plan. The property owner/developer shall pay all costs associated with this review prior to each Final Site Plan being scheduled for a Planning Commission meeting.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-9
NO. CONDITIONS OF APPROVAL REVIEW BY
38. Prior to issuance of each building permit for a parking structure, a line-of-sight study shall be submitted for review and approval by the Planning Department which shows that any light poles on the roof-top areas of the parking structure, if proposed, shall not be visible from the adjacent public rights-of-way, as measured from a five (5) foot high view point from adjacent off-site areas.
Planning
39. No exterior-mounted air conditioning facilities for individual hotel rooms or vacation ownership rooms shall be permitted in the Anaheim GardenWalk Overlay.
Planning
44. Prior to approval of each Final Site Plan, plans shall show how all on-site service and loading area operations shall be screened from the public rights-ofway to the satisfaction of the Planning Department.
Planning
41. A comprehensive sign program for Area B shall be submitted in conjunction with the first Final Site Plan in Area B for review and approval by the Planning Commission. The comprehensive sign program shall be in compliance with the sign standards and regulations contained within The Disneyland Resort Specific Plan.
Planning
42. The subject property shall be developed in substantial conformance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12 of Conditional Use Permit No. 4078 and Exhibit Nos. 1 through 17 of Final Site Plan No. 2006-00002 (which includes Exhibits Nos. 1 through 12 of Conditional Use Permit No. 4078), as amended. The Anaheim GardenWalk project shall be developed in accordance with the quality, design and architectural integrity as shown on the exhibits.
Planning
43. Prior to approval of each Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases.
Police
44. Prior to issuance of the first building permit, the plans which are required to be submitted for the police/security office (to comply with the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004a) shall make provision for the police/security office in accordance with the requirements of Development Agreement No. 99-01, as amended, to the satisfaction of the Police Department. Plans shall also specifically identify the parking spaces designated for such police/security office.
Police
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-10
NO. CONDITIONS OF APPROVAL REVIEW BY
45. Prior to issuance of building permits for parking structures, plans submitted for building permits shall be approved by the Police Department to ensure that safety and security measures are incorporated, including the use of bidirectional antennae to insure performance of public safety radio communications equipment (800 Mhz) in eighty-five percent (85%) of any structure or developed area, or in compliance with public safety radio system coverage requirements in effect at the time of the issuance of building permits.
Prior to final building and zoning inspections, installation of required antennae shall be verified.
Police
46. Prior to issuance of building permits, plans submitted for building permits shall document that trash storage areas be provided and maintained in locations acceptable to the Department of Public Works, Streets and Sanitation Division and in accordance with approved plans on file with said Department.
Public Works
47. Prior to issuance of building permits, plans submitted for building permits shall be reviewed to ensure that gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets and that all parking facilities conform to City standard plans. Installation of any gates shall conform to Standard Plan No. 402-B (“Parking Structure & Ramp Standard Detail”) and Standard Plan No. 475 (”Gate Standard for Residential/Commercial/Industrial”) and shall be subject to the review and approval of the Public Works Department, Traffic Engineering Division and the Planning Department, Planning Services Division prior to issuance of a building permit.
Public Works
48. Prior to approval of each Final Site Plan, plans for vehicular and pedestrian circulation shall be submitted to the Department of Public Works, Traffic Engineering Division for review and approval showing conformance with Section 5.0 “Design Plan” of the Specific Plan.
Public Works
49. Prior to issuance of building permits for parking structures, internal signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the Planning Department, Planning Services Division and Department of Public Works, Traffic Engineering Division for review and approval.
Planning
Public Works
50. Prior to issuance of building permits, the property owner/developer shall prepare a plan of operations for review and approval by the Department of Public Works, and shall provide proof of their participation in the Anaheim Transportation Network (“ATN”) to the Department of Public Works, Traffic Engineering Division.
Public Works
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-11
NO. CONDITIONS OF APPROVAL REVIEW BY
51. Prior to approval of the Final Site Plan for the area encompassing the driveway for Anaheim GardenWalk adjacent to the driveway for the Super 8 Motel at 415 West Katella Avenue, the Final Site Plan shall show that the driveway has been redesigned to combine the driveways or to meet the distance requirement set forth in The Disneyland Resort Specific Plan (i.e., minimum forty (40) foot wide distance between driveways serving adjacent parcels). If redesigned to combine the driveways, proof of an agreement with the adjacent property owner shall also be provided to the satisfaction of the City Attorney’s Office.
Public Works
City Attorney
52. Prior to approval of the first Final Site Plan for Area A, and prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plan cross-sections (to be shown on the Final Site Plan) to the Department of Public Works, Development Services Division for the installation of the ultimate public right-of-way improvements for adjacent public streets. Prior to the approval of the final subdivision map for Area A, and prior to approval of grading plans if a subdivision map is not proposed for Area B, the property owner/developer shall submit final street improvement plans for review and approval by the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the first final building and zoning inspections for Area A and Area B.
Public Works
53. Prior to approval of the first Final Site Plan for Area A, conceptual street improvement plans shall be prepared for the construction of a free right-turn lane on the south side of Disney Way from the parking garage driveway exit to Clementine Street (thirteen (13) foot lane width) in order to improve outbound parking structure operations. Prior to the approval of the final subdivision map for Area A, the property owner/developer shall submit final street improvement plans for the construction of the free right-turn lane for review and approval by the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the first final building and zoning inspection for Area A. A portion of the free right-turn lane on Disney Way may be utilized as a bus loading/unloading zone on an interim basis until such time that Area B is developed, subject to the review and approval of striping plans by the Department of Public Works, Traffic Engineering Division.
Public Works
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-12
NO. CONDITIONS OF APPROVAL REVIEW BY
54. Prior to approval of the first Final Site Plan for Area A, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works, Development Services Division for intersection improvements, including construction of a driveway on the south side of Disney Way to provide signalized ingress and egress, including a signal plan and a pedestrian cross walk, between Anaheim GardenWalk and westbound and eastbound traffic along Disney Way. Final street improvement plans shall be submitted for review and approval by the Department of Public Works prior to approval of the final subdivision map. The property owner/developer shall be responsible for all costs associated with the preparation and processing of said street improvement plans and all costs associated with the construction of the improvements to the satisfaction of the Department of Public Works, Development Services Division. These improvements shall be completed prior to the first final building and zoning inspection for Area A.
Public Works
55. Prior to approval of the Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works for construction of a right-turn lane on the south side of Disney Way from Harbor Boulevard to the mid-block project entrance.
Prior to the approval of the final subdivision map, or prior to approval of grading plans if a subdivision map is not proposed for Area B, the property owner/developer shall submit final street improvement plans for review and approval by the Department of Public Works, Development Services Division.
The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvements plan and all costs associated with the construction of the improvements to the satisfaction of the Department of Public Works. These improvements shall be completed prior to the first final building and zoning inspection for Area B.
Public Works
56. Prior to approval of the first Final Site Plan for Area A, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works, Development Services Division for the interim condition to provide a single left turn lane in Disney Way between the midblock project entrance and Clementine Street. Prior to the approval of the final subdivision map for Area A, the property owner/developer shall submit final street improvement plans for review and approval of the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvements plan and all costs associated with the construction of the improvements to the satisfaction of the Department of Public Works.
These improvements shall be completed prior to the first final building and zoning inspection for Area A.
Public Works
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-13
NO. CONDITIONS OF APPROVAL REVIEW BY
57. Prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works, Development Services Division for the ultimate condition to provide duel left turn lanes in Disney Way between the mid-block project entrance and Clementine Street. Prior to the approval of the final subdivision map, or prior to approval of grading plans if no subdivision is proposed for Area B, the property owner/developer shall submit final street improvement plans for review and approval of the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plans for the duel left turn lanes and all costs associated with the construction of the improvements to the satisfaction of the Department of Public Works. These improvements shall be completed prior to the first final building and zoning inspection for Area B.
Public Works
58. In connection with submittal of each Final Site Plan application, the property owner/developer shall provide information regarding the ownership and/or long term lease status of each of the underlying parcels, including any airspace or vertical subdivision, of the 29.1 acre Anaheim GardenWalk project (i.e., whether the parcels are owned, leased, under negotiation, etc.).
Planning
59. Prior to Planning Commission review of each Final Site Plan, a notice shall be mailed to the property owners within a three hundred (300) foot radius of Anaheim GardenWalk advising them of the Planning Commission meeting.
Planning
60. Prior to issuance of the first grading permit, and updated on a monthly basis during construction, the property owner/developer shall submit a plan, for review and approval by the Department of Public Works, identifying (and updating) the sequence and timing of all street improvements along Disney Way, Clementine Street, Katella Avenue and Harbor Boulevard. Said street improvement plans shall include all driveways, traffic signals, pedestrian cross walks, etc. The phasing and timing for commencing and completing any or all of the street improvements shall be as required by Department of Public Works.
Public Works
61. Prior to issuance of building permits, building plans shall document that water backflow equipment and any other large water system equipment shall be installed behind the Setback Realm area in a manner fully screened from all public streets and alleys. Prior to final building and zoning inspections, compliance with this condition shall be verified by the Public Utilities Department, Water Utility Division.
Public
Utilities
62. Prior to issuance of water improvement plans, the property owner/developer shall document on water improvement plans, to the satisfaction of the Public Utilities Department, Water Engineering Division, that water service is available.
Public
Utilities
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-14
NO. CONDITIONS OF APPROVAL REVIEW BY
63. The property owner/developer shall be held responsible for compliance with the mitigation measures and for implementation of the project design features identified in Modified Mitigation Monitoring Program No. 004a in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the Anaheim GardenWalk property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Modified Mitigation Monitoring Program No. 004a. Modified Mitigation Monitoring Program No. 004a, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval.
Planning
64. Prior to approval of each Final Site Plan, the following plans/materials/information shall be provided for review and approval by the Planning Department:
A. A site plan showing all proposed project components of the development phase including, but not limited to, all buildings, landscape areas, parking areas, and the adjacent street improvements. Conceptual hardscape areas, fountains/water features and works of art will also be shown.
B. Preliminary Mass Grading Plans.
C. Conceptual elevation plans showing all views of each proposed building.
D. Roof-top plans for each building showing all roof-top equipment (roof-top equipment is required to be fully-screened by the architecture of the building and painted in a color to match the color of the roof).
E. Preliminary floor plans for each level of the parking garage (all parking spaces shall be dimensioned and the total number of spaces on each level shall be shown on the plan).
F. Preliminary landscape plans showing all proposed planting materials and the proposed landscape plant/tree palette, including color photographs, to show the proposed trees, shrubs and groundcover.
G. Above- and below-ground utility equipment shall be shown on each site plan and landscape plan. Plans must indicate how any above-ground equipment is fully screened by landscaping from any public view.
H. Conceptual colored renderings of the site improvements to show the building elevations from Harbor Boulevard, Katella Avenue, Clementine Street, and Disney Way, and views of the interior portions of the site.
Additionally, where a development phase adjoins a future development phase (as yet undeveloped), a colored rendering shall be provided to illustrate the building elevation(s) facing that future phase.
I. Preliminary material and color boards for each building, including the parking structure, which show that all building colors, textures and materials shall be compatible between on-site uses. The preliminary color boards shall show the proposed decorative paving materials for the interior courtyard areas of the site and pedestrian gathering areas will be compatible Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-15
NO. CONDITIONS OF APPROVAL REVIEW BY
with on-site uses. The design and location of the walkways shall not impact the placement of trees in the public right-of-way parkways. In addition, the walkways shall not preclude the planting of the number of trees required for the setback area by The Disneyland Resort Specific Plan Design Plan.
J. Letter from the property owner/developer indicating how the Final Site Plan is in compliance with The Disneyland Resort Specific Plan requirements and Conditional Use Permit No. 4078, as amended.
K. That the lighting fixture plan shall include the style of the fixtures which shall be compatible with the project theme.
L. That any existing adjacent development on the 29.1-acre Anaheim GardenWalk site shall be shown on the site plan or other appropriate plan(s) to clearly illustrate the relationship between the proposed construction on each development phase and existing development/uses on adjoining development phase(s). Such additional information is intended to illustrate vehicle and pedestrian circulation between development phases, access to public rights-of-way, shared parking spaces, continuity of building design and placement (including the parking structure), etc.
M.That the developer shall provide information regarding the development status of the other development phases (i.e., vacant, pre-existing use, construction underway in accordance with Anaheim GardenWalk uses, construction completed in accordance with Anaheim GardenWalk uses, etc.) for the entire 29.1-acre Anaheim GardenWalk site.
N. That in connection with development in the Anaheim GardenWalk Overlay, submittal of any Final Site Plan adjacent to a development phase which is vacant or which is not developed in accordance with Anaheim GardenWalk Overlay shall show that a minimum ten (10) foot setback, fully landscaped, shall be provided and maintained along the property line
65. Number not used N/a
66. If Area B is not developed in accordance with the Anaheim GardenWalk Overlay, it may be developed in accordance with The Disneyland Resort Specific Plan No. 92-1, District A provisions.
Planning
67. If Area B is developed in accordance with the Anaheim GardenWalk Overlay, prior to approval of a Final Site Plan, the property owner shall demonstrate on plans and show that development of Area B shall be fully integrated with Area A and that Areas A and B will be operated as a single integrated project.
Planning
68. Prior to advertising for any special event which will draw visitors to the Anaheim GardenWalk project, a special events permit shall be obtained.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-16
NO. CONDITIONS OF APPROVAL REVIEW BY
69. Granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the Transportation Analysis Update prepared by Iteris, Inc for the Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim GardenWalk Project, dated March 17, 2011, that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the Transportation Analysis Update prepared by Iteris, Inc for the Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim GardenWalk Project, dated March 17, 2011 shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of the Anaheim Municipal Code.
Planning
70. Following completion of construction of the 3,050 space parking structure in Area A, and on-going during project operation, the property owner/developer shall provide overflow parking to the Anaheim Convention Center in accordance with the “Parking Facilities Operating Lease”, as may be amended, as part of the Disposition and Development Agreement by and between Anaheim GW, LLC and the City of Anaheim.
Community
Development
Convention,
Sports and
Entertainment
71. Prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit a parking analysis to the Planning Department for review and approval, showing that the proposed number of parking spaces (1,600 spaces in Area B) will be adequate for Area B (i.e., the proposed land uses and building areas). Further, because the parking for the Anaheim GardenWalk project may be shared between multiple land uses in Areas A and B, said analysis shall include information regarding the number of parking spaces, the land uses and the building areas in the previously approved portions of the project. If the parking analysis concludes that additional parking spaces are necessary to accommodate the parking demands of Areas A and B, as well as the overflow parking for the Anaheim Convention Center, as prescribed in the “Parking Facilities Operating Lease”, as may be amended, as part of the Disposition and Development Agreement by and between Anaheim GW, LLC and the City of Anaheim, said spaces shall be shown on plans submitted for Final Site Plan approval.
Planning
Community
Development
Convention,
Sports and
Entertainment
72. The Anaheim GardenWalk project shall be developed in accordance with Development Agreement No. 99-01, as amended.
Planning
73. Aapproval of this conditional use permit is contingent upon the approval and adoption of General Plan Amendment No. 2010-00481 and Amendment No. 8 to The Disneyland Resort Specific Plan No. 92-1.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-17
NO. CONDITIONS OF APPROVAL REVIEW BY
74. The property owner/developer shall construct the Anaheim GardenWalk project in accordance with the following limitations:
A. The property owner/developer will not seek to change the entitlements for the one thousand six hundred twenty eight (1,628) hotel rooms/suites to any other use; provided, however, that the owner/developer may elect to construct up to 400 Vacation Ownership Units in lieu of 400 Hotel Rooms in Area A and up to 100 Vacation Ownership Units in lieu of 100 Hotel Rooms in Area B of the project, and provided further, that the property owner/developer may elect to construct the remaining hotel rooms as Condominium Hotels as defined in Code Section No. 18.114.020.0202 of The Disneyland Resort Specific Plan No 92-1, Anaheim GardenWalk Overlay and as defined in Development Agreement No. 99-01, as amended. As a condition of such election, the property owner/developer shall enter into subsequent agreements with the City that provide the City with “in-lieu” payments to be made at a mutually acceptable time(s), and in amounts not in excess of the equivalent Transient Occupancy Taxes to which the City would be entitled if such Vacation Ownership Units and Condominium Hotel units were occupied as traditional hotel rooms.
B. The design of the Anaheim GardenWalk project shall incorporate the hotels as integral components of the site plan, and the Anaheim GardenWalk project’s construction shall be consistent with said plan.
Planning
75. A public art program shall be installed within the boundaries of the Anaheim GardenWalk project. Prior to approval of the first Final Site Plan, the public art element concept (including location, description and budget), shall be submitted to the City of Anaheim for review and approval. The public art element shall be installed prior to the first final building and zoning inspections for the structures or components in the development phase in which it is proposed to be located, excluding the parking structure.
Planning
76. Deleted by Resolution No. 2011-121. Planning
77. The land uses permitted in each development phase shall comply with The Disneyland Resort Specific Plan No. 92-1 document, as amended.
Planning
78. The project development density shall not exceed that which is specified in the City of Anaheim General Plan, Land Use Element, Table LU-4 “General Plan Density Provisions for Specific Areas of the City”, and The Disneyland Resort Specific Plan No. 92-1, as amended for the Anaheim GardenWalk Overlay.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-18
NO. CONDITIONS OF APPROVAL REVIEW BY
79. Prior to issuance of the first building permit or approval of the first grading permit, whichever occurs first, for development that incorporates all or a portion of the following parcel(s), the property owner(s) shall submit a letter to the Planning Department requesting termination of the zoning petitions associated with said underlying parcel(s) (which zoning entitlements are not associated with the Anaheim GardenWalk project), as follows:
Pyrovest (Anaheim Plaza Hotel and Suites) parcel
Variance No. 1021: Approved by the Planning Commission under Resolution No. 40, Series, 1958-1959, to establish a motor hotel and appurtenant uses at 1660-1720 South Harbor Boulevard; and by the City Council on September 2, 1958 under Resolution No. 4733 regarding only the “appurtenant uses”) Variance No. 3433: Approved on October 29, 1984 under Resolution No.
PC84-225 for waiver of permitted number and type of flags to retain 25 roofmounted flags in the CR Zone at 1700 South Harbor Boulevard) Planning
80. Prior to approval of final site plans for any vacation ownership resort units within the Anaheim GardenWalk Overlay, the property owner/developer shall submit information to the Planning Department indicating the provision of facilities, amenities, or design features usually associated with hotels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, etc) in compliance with Code Section 18.114.120.050.0503, and further, whether any kitchen facilities suitable for visitors are proposed, in compliance with Code Section 18.114.120.050.0504. Plans and information submitted for final site plan approval shall be in compliance with Code Section
18.114.070, excepting Subsection .0712 (required parking demand study).
Planning
81. A. Prior to approval of each final site plan for a condominium hotel, CC&R’s and a Master Lease shall be submitted to the Planning Department and the City Attorney’s Office for review and approval. The final CC&Rs and Master Lease shall be consistent with Conditional Use Permit No. 4078, as amended, on file in the Planning Department, The Disneyland Resort Specific Plan and the City of Anaheim General Plan. The CC&Rs and Master Lease shall not be amended or terminated without the prior written approval of the Planning Director and modification of land use permits as may be required to authorize and reflect the changes in the CC&Rs and/or the Master Lease.
B. Prior to approval of each final site plan for a condominium hotel, the property owner/developer shall have a title company review the airspace condominium map and certify that the airspace condominium map has created insurable units for sale as commercial condominium units.
C. On-going during project operation, any non-residential condominium hotel developed as part of this project shall be maintained and operated as a hotel (with the exception of the proposed financing structure), as approved by Conditional Use Permit No. 4078 and in accordance with approved final site plans.
Planning
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-19
NO. CONDITIONS OF APPROVAL REVIEW BY
D. On-going during project operation, Transient Occupancy Tax shall be collected for all non-residential condominium hotel rooms as set forth in Chapter 2.12 (Transient Occupancy Tax) of the Anaheim Municipal Code.
E. On-going during project operation, for any non-residential condominium hotel, owners use of airspace condominium units shall be limited to fourteen (14) days per calendar year, and shall be subject to the payment of Transient Occupancy Tax based upon the hotel room rate of a comparable hotel room.
F. On-going during project operations, any non-residential condominium hotel developed as part of this project shall be managed, maintained and operated by a single qualified professional entity.
G. On-going during project operations, at no time shall any hotel rooms developed as part of this project be occupied as residential dwelling units.
82. Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.
Planning
83. The owner/manager for any ABC licensed location or Entertainment business shall submit a detailed security plan for approval of the Chief of Police or his/her designee that includes security measures including the number of security personnel. Security personnel will comply with Business and Professions code 7574. Any amendments to the plan shall be approved by the Chief of Police or his/her designee and shall also be filed with the Police Department, Vice Detail and the Planning Department.
Planning
Police
84. Within sixty (60) days of the approval of Conditional Use Permit No. 4078E, the property owner or his/her designee shall submit a detailed security plan to address the additional security needs created by the changing tenant mix. This plan should included minimum staffing levels by day and time. Once approved, a copy of the security plan shall be maintained with the Police Department, Vice Detail and the Planning Department. Any amendments to the plan shall be approved by the Chief of Police or his/her designee and shall also be filed with the Police Department, Vice Detail and the Planning Department. Security measures shall be reviewed and discussed with the Chief of Police or his/her designee by the business and property owners on an ongoing basis.
Planning
Police
Conditions of Approval for
CUP 4078 - Anaheim GardenWalk Project
D-20
NO. CONDITIONS OF APPROVAL REVIEW BY
85. Within sixty (60) days of the approval of Conditional Use Permit No. 4078E, the property owner or his/her designee shall submit an updated Parking Maintenance and Operation Plan as required by Mitigation Monitoring Program No. 004a. In addition to review and approval by the Planning Department, the plan shall also be submitted for review and approval by the Chief of Police or his/her designee. The plan shall promote a safe environment for the circulation of persons and vehicles, and the prevention of crime in the parking facilities. This plan shall include measures to ensure reasonable egress times for vehicles out of the parking lot. Any amendments to the plan shall be filed with the Police Department, Vice Detail and the Planning Department.
Planning
Police
86. Following the issuance of a Certificate of Occupancy for both hotels in Area A, project ownership will implement a valet program during peak demand periods that will create sufficient additional parking supply to satisfy such demand. The valet program shall be implemented in accordance with the Parking Maintenance and Operations Plan.
Planning
E-1
MODIFIED MITIGATION MONITORING PROGRAM NO. 004a
Project : Anaheim GardenWalk
Project Actions: June 1999
General Plan Amendment No. 359
Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 Conditional Use Permit No. 4078
Amendment No. 2 to the Anaheim Resort Public Realm Landscape Program Development Agreement No. 99-01 between the City of Anaheim and Pointe*Anaheim, LLC
February 2002
General Plan Amendment No. 2001-00393
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 Amendment No 1 to Conditional Use Permit No. 4078
Amendment No. 3 to the Anaheim Resort Public Realm Landscape Program First Amended and Restated Development Agreement No 99 1 between the City of Anaheim and Excel Pointe Anaheim, LLC
Disposition and Development Agreement by and between the City of Anaheim and Excel Pointe Anaheim LLC
December 2004
Amendment No. 2 to Conditional Use Permit No. 4078
Amendment No. 1 to First Amended and Restated Development Agreement No. 99-01 between the City of Anaheim and Anaheim GW, LLC
Amendment No. 1 to Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC
January 2006
Amendment No. 2 to First Amended and Restated Development Agreement No. 99-01 between the City of Anaheim and Anaheim GW, LLC
Amendment No. 2 to Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC
April 2006
General Plan Amendment No. 2005-00440
Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 Amendment No. 3 to Conditional Use Permit No. 4078
Second Amended and Restated Development Agreement No. 99-01 between the City of Anaheim and Anaheim GW, LLC
First Amendment and Restated Disposition and Development Agreement By and Between Anaheim GW, LLC and City of Anaheim
Tentative Parcel Map No. 2002-205
Final Site Plan No. 2006-00002
April 2007
Amendment No. 7 to The Disneyland Resort Specific Plan No. 92-1 March 2010
Amendment No. 1 to the Second Amended and Restated Development Agreement No. 99- 01 by and between the City of Anaheim and Anaheim GW, LLC; GardenWalk Hotel 1, LLC; and Westgate Resorts Anaheim, LLC
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-2
This Modified Mitigation Monitoring Program includes those mitigation measures applicable to this project from Modified Mitigation Monitoring Program No. 0067 for The Disneyland Resort Specific Plan (EIR No. 311) and additional mitigation measures as identified in the Mitigated Negative Declaration approved in conjunction with the Pointe*Anaheim Project (renamed the Anaheim GardenWalk project) and Addendum No. 1 approved on February 26, 2002, Addendum No. 2 approved on April 11, 2006, Addendum No. 3 approved on August 16, 2011, and Addendum No. 4 approved on May14, 2013 in conjunction with the abovelisted project actions modifying the project.
Terms and Definitions:
1. Property Owner/Developer – Anaheim GW, LLC
2. Project Design Features (PDF's) - Measures incorporated into the Pointe Anaheim Project (renamed Anaheim GardenWalk Project) by the property owner/developer with the intent of minimizing potential environmental impacts. The project design features included in this Mitigation Monitoring Program will be implemented as mitigation measures.
3. Environmental Equivalent/Timing - Any project design feature or mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule.
4. Timing - This is the point where a mitigation measure/project design feature 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/project design feature 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/project 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.
East of Harbor Boulevard, South of Disney Way, West of Clementine Street and North of Katella Avenue within District A/Pointe Anaheim Overlay (renamed Anaheim GardenWalk Overlay) and Portion of Parking District (East Parking Area)/C-R Overlay and Pointe Anaheim Overlay (renamed Anaheim GardenWalk Overlay) of The Disneyland Resort Specific Plan
Location:
August 2010
Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99- 01 by and between the City of Anaheim and GardenWalk Hotel 1, LLC August 2011
General Plan Amendment No. 2010-00481
Amendment No. 8 to The Disneyland Resort Specific Plan No. 92-1 Amendment No. 4 to Conditional Use Permit No. 4078
Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99- 01 between the City of Anaheim and Katella Anaheim Retail, LLC Amendment No. 1 to Final Site Plan No. 2006-00002
May 2013
Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99- 01 between the City of Anaheim and GardenWalk Hotel 1, LLC Other related actions to implement Anaheim GardenWalk project Project Actions
Continued:
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-3
5. Responsibility for Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Program which have permit authority in conjunction with the 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 will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a mitigation measure/project design feature has been demonstrated for a period of one year, monitoring of the mitigation measure/project design feature will be deemed to be satisfied and no further monitoring will occur. For mitigation measures/project design features that are to be monitored "Ongoing During Construction", the annual letter will review those mitigation measures/project design features only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction.
1. 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 or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building.
8. Applicability – Each Mitigation Measure and Project Design Feature applies to development within Area A and Area B (as described in the Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration, Anaheim GardenWalk Project, dated June 6, 2011, in accordance with the timing stated in the measure, unless stated otherwise in the measure.
NO. Measure REVIEW BY
3.1-1 Prior to approval of the Final Site Plan, plans (including, but not limited to, a site plan, conceptual elevations, conceptual landscape plans and signage plans) shall be submitted by the property owner/developer and will be reviewed for consistency with The Disneyland Resort Specific Plan.
Planning Department,
Planning Services
Division
3.2-1 Prior to approval of the Final Site Plan, 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 Section 5.8 of The Disneyland Resort Specific Plan.
Planning Department,
Planning Services
Division
3.2-2 Prior to issuance of each hotel building permit, a pre-project study of radio transmission from the AM 1500 Highway Advisory Radio Transmission Tower located on the Fire Station No. 3 site shall be conducted by the property owner/developer to determine baseline conditions for the entire Anaheim GardenWalk Overlay. Six months after topping out or any earlier time as determined necessary by the City of Anaheim, a follow-up study of radio tower transmissions shall be undertaken immediately by the property owner/developer. If the City of Anaheim determines that the proposed project creates a significant impact on radio
transmission, a signal booster relay system, tower relocation, or other solution as approved by the City of Anaheim shall be implemented by the property owner/developer as soon as
practicable.
Planning Department,
Planning Services
Division
3.3-1 Prior to issuance of each building permit, appropriate traffic signal assessment fees shall be paid by the property owner/developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit or credit given for City-authorized improvements.
Planning Department,
Building Division;
Public Works
Department, Traffic
and Transportation
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-4
NO. Measure REVIEW BY
3.3-2 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, in Area A and in Area B, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate rights-of-way (as indicated in the General Plan Circulation Element) for the following arterial highway/street half-sections on or adjacent to parcels under its ownership or control to the City of Anaheim:
Planning Department,
Planning Services
Division;
Public Works
Department,
Development
Services Division
Area A
a. Katella Avenue (to ultimate 8-lane facility)
b. Disney Way, along the frontage of Area A
c. Clementine Street
Area B
a. Harbor Boulevard
b. Disney Way, along the frontage of Area B
3.3-3 Within 120 days of acquiring properties adjacent to arterial highways/street intersection half sections, if, after the initial dedications, any additional parcels are acquired by the property owner/developer adjacent to the arterial highway/street intersection half-sections included in MM 3.3-2 of Modified Mitigation Monitoring Program No. 004, the property
owner/developer shall notify the City in writing of said acquisition and the ultimate rights-of-way for said properties shall be irrevocably offered for dedication to the City of Anaheim.
Planning Department,
Planning Services
Division;
Public Works
Department,
Development
Services Division
3.3-4 Prior to approval of the first grading plan in Area A; implemented prior to first final building and zoning inspection in Area A, a phasing plan shall be submitted for review and approval to the City Engineer demonstrating how the following improvements, as approved by the City Engineer, will be constructed by the property owner/developer:
Public Works
Department, Traffic
and Transportation
Division
a. Clementine Street/Anaheim GardenWalk driveway
intersection; and
b. Clementine Street between Disney Way and Katella Avenue (including the median).
3.3-5 Prior to issuance of each building permit, appropriate traffic impact and improvement fees shall be paid by the property
owner/developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer; and, participate in all applicable reimbursement or benefit districts which have been established.
Planning Department,
Building Division;
Public Works
Department, Traffic
and Transportation
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-5
NO. Measure REVIEW BY
3.3-6 To be shown on street improvement plans; and to be implemented prior to final building and zoning inspection for the parking structure, 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.
Public Works
Department, Design
Division
3.3-7 Prior to issuance of the first building permit in Area A,the property owner/developer shall fully fund the implementation of the SCOOT System at the Haster Street/Katella Avenue intersection and along the Harbor Boulevard, Katella Avenue, Disney Way, and
Clementine Street corridors in the Anaheim Resort area. The specific improvements to be implemented are identified in Table
4.3-8 which follows (in the Pointe Anaheim IS/MND). Property owner/developer shall also fund the installation of SCOOT loop detectors at all 16 locations as well as the installation of new traffic signal controllers and cabinets at the eight locations identified in Table 4.3-8, which will also include signal preemption for fire response vehicles. Implementation will be to the satisfaction of the City Engineer. Pavement repair, if needed to provide additional conduit, will be provided by the property owner/developer to the satisfaction of the City Engineer. If, however, any or all of the above mentioned improvements have been implemented prior to the time that the property owner/developer implements the project, the City Engineer may instead require that the property owner/developer pay an equal amount of funding to be used towards an alternative traffic improvement in the immediate area that will benefit traffic movement in the Anaheim Resort Area.
TABLE 4.3-8
Public Works
Department, Traffic
and Transportation
Division
LOCATIONS FOR IMPLEMENTATION OF
SCOOT SIGNAL SYSTEM UPGRADE MITIGATION MEASURE
Install SCOOT
Intersection Loop Detectors
Ball & Harbor X
Harbor & I-5 NB Ramps X
Harbor & I-5 SB Ramps X
Harbor & Manchester X
Harbor & Esplanade X
Harbor & Disney Way X
Harbor & Katella X
Katella & Clementine X
Katella & Haster X
Katella & I-5 SB Ramps X
Katella & I-5 NB Ramps X
Katella & Lewis X
Clementine & Disney Way X
Disney Way & I-5 SB Ramps X
Disney Way & Anaheim Boulevard X
Disney Way & Anaheim GardenWalk Access X
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-6
NO. Measure REVIEW BY
3.3-8 Prior to the first final building and zoning inspection the property owner/developer shall provide proof of participation in the Anaheim Transportation Network (ATN). On-going during Project operations:
Public Works
Department, Traffic
and Transportation
Division
a. Every property owner and/or lessee shall be a voting member of the ATN, subject to the terms and provisions of the by-laws and association rules of the ATN.
b. Every property owner and/or lessee shall participate in ATN coordinated transportation demand management efforts
designed to decrease traffic congestion and increase
ridesharing.
c. Every property owner and/or lessee shall financially participate in the operation of a clean fuel shuttle system, if established. d. Every property owner and/or lessee shall designate an on-site contact who will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The
requirements of the mitigation measure will be included in the lease or other agreement with all of the project participants.
Documentation indicating compliance with this mitigation measure will be included in the annual monitoring report ongoing during project operation.
3.3-9 Prior to approval of each Final Site Plan encompassing a parking facility, a Parking Structure Layout and Signing Plan
demonstrating a layout of required parking spaces and signage shall be provided to the Planning Department, Planning Services Division, for review and approval.
Planning Department,
Planning Services
Division
3.3-10 Prior to the first final building and zoning inspection in Area A and in Area B; and on-going during Project operations, with verification by participating lessees, the property owner/developer will implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees.
Objectives of the TDM program shall be to increase ridesharing and use of alternative transportation modes by guests and provide a menu of commute alternatives for employees to reduce projectgenerated trips.
Public Works
Department, Traffic
and Transportation
Division
A menu of TDM program strategies and elements for future employee commute options include, but are not limited to, the following:
a. Onsite Service. Onsite services, such as food, retail, and other services be provided.
b. Ridesharing. A computer listing of all employee members be developed for the purpose of providing a “matching” of
employees with other employees who live in the same
geographic areas and who could rideshare.
c. Vanpooling. A computer listing of all employees for the purpose of matching numbers of employees who live in
geographic proximity to one another and could comprise a vanpool.
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-7
NO. Measure REVIEW BY
d. Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes be promoted through financial assistance and onsite sales to encourage employees to use the various
transit and bus services from throughout the region.
e. Commuter Bus. As commuter “express” bus service expands throughout the region, passes for use on these lines may be provided for employees who choose to use this service.
Financial incentives be provided.
f. Shuttle Service. A computer listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile.
g. Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program.
Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options.
h. Rental Car Fleet. A “fleet vehicle” program be developed to provide employees who travel to work by means other than an automobile with access to automobiles in case of
emergency, medical appointments, etc. This service would help employees use alternative modes of transportation by ensuring that they would be able to have personal
transportation in the event of special circumstances.
i. Guaranteed Ride Home Program. A program to provide
employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of
emergencies during the work shift.
j. Target Reduction of Longest Commute Trip. An incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest
employee commute trips.
k. Stagger shifts.
l. Develop a “compressed work week” program, which provides for fewer work days but longer daily shifts as an option for employees.
m. Explore the possibility of a “telecommuting” program that would link some employees via electronic means (e.g.,
computer with modem).
n. 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. Access. Preferential access to high occupancy vehicles and shuttles may be provided.
p. Financial Incentive for Ridesharing and/or Public Transit. (Currently, Federal law provides tax-free status for up to $60 Modified Mitigation Monitoring Program No. 004a
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per month per employee contributions to employees who
vanpool or use public transit including commuter rail and/or express bus pools).
q. Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work.
r. Special “Premium” for the Participation and Promotion of Trip Reduction. Ticket/passes to special events, vacations, etc. be offered to employees who recruit other employees for
vanpool, carpool, or other trip reduction programs.
s. Actively recruit prospective employees residing within a 30- minute commute shed.
t. Design incentive programs for carpooling and other
alternative transportation modes so as to put highest priority on reduction of longest commute trips.
Every property owner and/or lessee shall designate an on-site contact who will be responsible for coordinating with the ATN and implementing all trip mitigation measures with an on-site coordinator. The on-site coordinator will be the one point of contact representing the project with the ATN. The requirements of the mitigation measure will be included in the lease or other agreement with all of the project participants. Documentation indicating compliance with this mitigation measure will be included in the annual monitoring report ongoing during project operation.
3.3-11 Prior to the first final building and zoning inspection in Area A and in Area B; and implementation on-going during Project operations, the property owner/developer will provide a Parking Maintenance and Operation Plan to the Planning Department, Planning Services Division, for review and approval; and said Plan shall be implemented on an on-going basis during Project operation.
Planning Department,
Planning Services
Division
3.3-12 Prior to approval of the first Final Site Plan for Area A, the parking facility serving development within Area A shall be designed to provide striped parking spaces for 3,076 cars and 15 bus spaces.
Prior to approval of the Final Site Plan for the last hotel in Area A, the remaining 124 parking spaces shall be provided in Area A.
Prior to approval of the Final Site Plan for Area B, parking facilities serving Area B shall be shown on the Final Site Plan and designed to accommodate 1,600 cars for a total of 4,800 parking spaces for the full build-out of the Anaheim GardenWalk project.
Planning Department,
Planning Services
Division
3.3-13 Deleted intentionally February 26, 2002. Updated parking demand would be accommodated without the need for flex parking.
N/a
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3.3-14 Upon commencement of any activity/uses authorized by Public Works Conditional Use Permit No. 4078 as amended; and on-going Department, Traffic during Project operations, if reasonably needed in order to and Transportation regulate the flow of pedestrian traffic to the project, as determined Division by the City’s Traffic and Transportation Manager , the property owner/developer shall pay all costs associated with providing one or more pedestrian crossing officers at Harbor Boulevard and Disney Way, in order to facilitate the flow of pedestrians during the “Peak Period,” which is defined as the time period from 5:00 p.m. to 9:00 p.m. during the following seasonal peaks: the Memorial Day weekend through the Labor Day weekend; the week prior to, during and following Christmas week; Easter weeks (one week before and one week after); and at any other time determined to be necessary by the City’s Traffic and Transportation Manager.
The continued need for this officer(s) will be reviewed by the City’s Traffic and Transportation Manager at least once annually, and the days and/or hours of pedestrian crossing officer staffing shall be adjusted, when determined necessary by the City’s Traffic and Transportation Manager.
3.3-15 Prior to the first final building and zoning inspection in Area A, the Public Works property owner/developer shall submit to the City’s Traffic and Department, Traffic Transportation Manager for review and approval, a program for and Transportation coordinating traffic signal timing in the area (within the limits of the Division SCOOT signal upgrades) which shall thereafter be implemented by the property owner/developer. In addition, the property owner/developer shall submit to the City’s Traffic and
Transportation Manager for review and approval, a study assessing the benefits of restricting, during certain peak exiting times, pedestrian crossings on the crosswalk located on the north side of the intersection of Harbor Boulevard and Disney Way to improve the circulation of vehicular traffic by causing all east-west crossing pedestrian traffic to occur on the south side of such intersection where pedestrian crossings will not slow the east to north turning movement of cars exiting The Disneyland Resort.
3.3-16 On-going during Project operations, if such restricted pedestrian Public Works movement (refer to MM 3.3-15) is determined to be necessary by Department, Traffic the City’s Traffic and Transportation Manager, the property and Transportation owner/developer shall pay all costs associated with the design Division and implementation of such restricted crosswalk for this intersection to the satisfaction of the City Engineer, within the timeframe established by the City Engineer.
3.4-1 Prior to each final building and zoning inspection, the property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) for all permitted new and modified stationary sources. Copies of permits shall be given to the Planning Department.
South Coast Air
Quality Management
District;
Planning Department,
Planning Services
Division
3.4-2 On-going during Project operations, the property owner/developer Public Works shall schedule goods movements for off-peak traffic hours to Department, Traffic reduce emissions to the extent practicable. and Transportation Division
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3.4-3 Prior to issuance of each building permit, the property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings in compliance with AQMD regulations. This information shall be denoted on the project plans and specifications.
South Coast Air
Quality Management
District;
Planning Department,
Building Division
3.4-4 Prior to issuance of each building permit, the project design will incorporate the following energy-saving features which will also contribute to reduced emissions:
a. Improved thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant
sensors.
b. Efficient heating and other appliances.
c. Incorporation of appropriate passive solar design.
d. Proper sealing of buildings.
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency
3.4-5 On-going during Project operations, the property owner/developer shall participate in marketing programs which promote The Anaheim Resort area as a Vacation Destination to encourage use of facilities within the area rather than taking cars to destinations off-site. This will be demonstrated through documentation in the MMRP Annual Report of the various marketing programs in which the Anaheim GardenWalk participated during the year.
Public Works
Department, Traffic
and Transportation
Division
3.5-1 On-going during project operations, the property owner/developer shall ensure that noise from areas which involve live amplified music and/or open-air festival events, do not exceed the noise levels established by Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code.
Planning Department,
Building Division and
Code Enforcement
Division
3.5-2 Prior to commencement of amplified music or the generation of noise from open-air festival events, within nine months from the commencement of said noise generating activities and on-going during project operations, a Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted to the Planning Department, Planning Services Division, for review and approval for any component of Anaheim GardenWalk that has the potential to involve amplified music or noise from open-air festival events and, within nine months of commencement of said activity, the property owner/developer shall submit the results of the Noise Monitoring Program conducted by a certified acoustical engineer to ensure that there are no violations of Chapter 6.70 (Sound Pressure Levels) from the Anaheim GardenWalk activity outside the Project. If noise in excess of Chapter 6.70 (Sound Pressure Levels) is detected, the property owner/developer shall modify operations immediately to bring the noise-generating activity into conformance with Chapter 6.70.
Planning Department,
Planning Services
Division and Building
Division
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3.6-1 Prior to approval of each grading plan, the property Public Works owner/developer shall submit a thorough soils and geological Department, report for the area to be graded, based on proposed grading and Development prepared by an engineering geologist and geotechnical engineer. Services Division The report shall comply with Title 17 of the Anaheim Municipal Code.
3.6-2 Prior to issuance of each building permit, the property owner/developer shall submit for review and approval detailed foundation design information for the subject buildings, prepared by a civil engineer, based on recommendations by a geotechnical engineer.
Planning Department,
Building Division
3.6-3 Prior to issuance of each foundation permit, the property owner/developer shall submit a report prepared by a geotechnical engineer 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 Department,
Building Division
3.6-4 Prior to issuance of each building permit, the property owner/developer shall submit plans showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim.
Planning Department,
Building Division
3.7-1 Prior to approval of a grading plan; and implementation during Project construction and operation, the property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval and pay the required South Central Area Master Plan of Drainage (SCAMPD) storm drain fees. The Master Plan shall include, but not be limited to, the following items:
Public Works
Department,
Development
Services Division;
Regional Water
Quality Control
Board;
a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm.
Orange County Flood
Control District
b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff.
c. Detailed assessment of existing water quality, potential water quality impacts, and a description of proposed measures to maintain water quality to the extent required by the National Pollutant Discharge Elimination System (NPDES) and its
regulations, including the following:
(1) Incorporation of structural and nonstructural Citycontrolled Best Management Practices (BMPs). BMPs shall, to the extent permitted by law, include, but are not limited to, containment of masonry and paint wastes on
the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris;
prohibiting water wash down of paved areas (both during and after construction unless allowed by the NPDES
permit); and education/training for construction workers on these practices. Engineering details, maintenance
procedures, and funding responsibilities of these BMPs
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shall also be described.
(2) Incorporation of measures to comply with applicable actions to be identified by the RWQCB in conformance
with the State Water Resources Control Board (SWRCB)
statewide water quality control plan for inland surface waters, adopted April 11, 1991.
(3) Description of a water quality monitoring program to monitor water quality during and subsequent to
construction and to evaluate the effectiveness of BMPs.
The water quality monitoring program shall identify: (1) the person/agency responsible for implementing the
program, (2) sources of pollutants in runoff (e.g.,
nuisance flows from development areas, irrigation flows), (3) specific types of pollutants expected in runoff that will be monitored (e.g., total suspended solids, phosphorous, lead), (4) water quality sampling stations that are
representative of runoff from the sources identified
above, (5) sampling program methodology, including
devices to be used and frequency and duration of
sampling, (6) method for evaluating data collected from a sampling program, including threshold standards for
determining effectiveness of BMPs, and (7) additional
measures, if necessary, to increase the effectiveness of the BMPs to the threshold standards identified in C(1)
above.
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3.7-2 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.
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.
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency;
Community Services
Department, Parks
Division;
Planning Department,
Planning Services
Division
c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the maximum annual water allowance for the project not exceed 80 percent of the mean annual
evapotranspiration, or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, 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.
3.7-3 On-going during Project operations, the property owner/developer Public Works shall provide for the following: cleaning of all paved areas not Department, Streets maintained by the City of Anaheim including, but not limited to, and Sanitation private streets and parking lots on not less than a monthly basis. Division Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the applicant's NPDES permit. Nightly washdown shall be allowed where advisable to maintain safe and sanitary working conditions, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer's NPDES requirements.
Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit.
3.7-4 Prior to each final building and zoning inspection, the property owner/developer shall submit a letter from a landscape architect stating that landscape materials and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Any modifications to the landscape plan shall be specifically approved by the Planning Department.
Planning Department,
Planning Services
Division
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3.7-5 To be installed with Project water mains and to be connected if Public Utilities reclaimed water becomes available, to reduce the project’s Department, Water demand on potable water, the property owner/developer shall Services install water lines on-site so that reclaimed water may be used for Administration landscape irrigation and other purposes.
3.8-1 Prior to issuance of each grading permit (for Import/Export Plan) Public Works and prior to issuance of each demolition permit (for Demolition Department, Traffic Plan) for Area B, The property owner/developer shall submit and Transportation Demolition and Import/Export Plans. The plans shall include Division 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 be encouraged to 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.
3.8-2. Prior to approval of a grading plan or issuance of a demolition or building permit; whichever occurs first, the property
owner/developer shall submit a Traffic Mitigation and Construction Phasing and Control Plan. The Traffic Mitigation, 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.
b. A Construction Barrier Plan showing the location and types of barriers that will be in place during grading and construction shall be submitted. 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 Department,
Planning Services
Division
Planning Department,
Community
Preservation Division
c. A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the extent feasible and in compliance with Chapter 6.70 (Sound Pressure Levels). 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 flag persons and construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions and potential repairing and/or re-paving by property owner/developer after Modified Mitigation Monitoring Program No. 004a
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completion of construction as required by the City Engineer.
This plan shall be adhered to throughout the project
construction period.
d. 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 flag persons to guide traffic, as determined in the plan.
(4) 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.
(5) Outline procedures for any required traffic detours during construction, including provision of tour bus stops.
(6) Phase each roadway improvement to allow access to all existing businesses. In some instances, this will require lane-by-lane renovation, temporary bypass roads, or
traffic reroutes.
(7) Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be
disturbed at a given location.
(8) Sequence the construction of each roadway
improvement to minimize disruption to residents and
businesses. The property owner/developer shall
coordinate with the Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel.
(9) Establish off-site parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These off-site
parking and staging areas will allow a dispersion of traffic flow to non-critical areas and will encourage bussing of construction workers from the off-site areas to the
construction sites.
e. 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 for each project component that exceeds 100
construction employees.
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3.8-3 On-going during construction, the property owner/developer shall Public Works submit a monthly update report showing construction activities for Department, Traffic the upcoming month which shall include traffic mitigation and and Transportation control planning and construction scheduling. Division
3.8-4 Intentionally deleted. Redundant with above measure N/a
3.8-5 On-going 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 fair share basis, if applicable, for reasonable costs associated with such services.
Police Department;
Public Works
Department, Traffic
and Transportation
Division
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3.8-6 On-going during construction, the following measures will be followed by the property owner/developer to reduce air quality impacts:
a. Normal wetting procedures 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.
Planning Department,
Building Division;
Public Works
Department,
Development
Services Division
b. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; haul routes shall be cleared as needed if spills of material exported from the project site occur.
c. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site.
d. Trucks importing or exporting soil material and/or debris shall 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 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. e. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed.
f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less.
g. Suspend all grading operations when wind speeds (as
instantaneous gust) exceed 25 miles per hour and during second stage smog alerts.
h. The project will comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible
emissions from construction.
i. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable.
j. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable.
k. Maintain construction equipment engines by keeping them properly tuned.
l. Use low sulfur fuel for equipment, to the extent practicable.
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3.8-7 On-going during construction, the property owner/developer shall implement the following to limit emissions from architectural coatings and asphalt usage:
a. Use non-solvent-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.
Air Quality
Management District;
Planning Department,
Building Division
3.8-8 On-going during construction, all construction contractors shall comply with SCAQMD regulations, including Rule 402 which specifies that no there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. Rule 403 was amended by the SCAQMD after preparation of The Disneyland Resort EIR No. 311. Specific measures contained in the rule to reduce fugitive dust include the following:
a. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface.
b. For open storage piles, apply water hourly or cover with temporary coverings.
c. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site.
d. Wash mud-covered tires and under-carriages of trucks leaving construction sites.
e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites.
Air Quality
Management District;
Planning Department,
Building Division
3.8-9 On-going during demolition and construction, construction noise shall be limited by the property owner/developer to 60 dBA along the property boundaries before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code.
Planning Department,
Building Division and
Code Enforcement
Division
3.8-10 On-going during construction, the property owner/developer shall ensure that all internal combustion engines on construction equipment are fitted with properly maintained mufflers.
Planning Department,
Building Division
3.8-11 On-going 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
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3.8-12 Prior to issuance of each grading permit, the property owner/developer shall obtain required NPDES construction storm permits from the State Water Resources Control Board, if applicable. Copies of the Notice of Intent or permits, as applicable, shall be submitted to the City Engineer.
Regional Water
Quality Control
Board;
Public Works
Department,
Development
Services Division
3.8-13 On-going 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, and the Uniform Fire Code, Article 87.
Air Quality
Management District;
Orange County
Health Department;
Planning Department,
Building Division;
Fire Department;
Environmental
Protection Agency
3.9-1 On-going during Project operations, the property owner/developer will aggressively recruit workers who are already 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. The requirements of the mitigation measure will be included in the lease or other agreement with all of the project participants.
Documentation indicating compliance with this mitigation measure will be included in the annual monitoring report ongoing during project operation.
Planning Department,
Planning Services
Division
3.10.1-1 Prior to commencement of structural framing on each parcel or lot, on-site fire hydrants shall be installed and charged, as required, by the property owner/developer.
Fire Department
3.10.1-2 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 Fire Department service requirements.
Fire Department
3.10.1-3 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.
Fire Department
3.10.1-4 Prior to issuance of each building permit, and to be implemented prior to each final building and zoning inspection, plans shall indicate that all buildings, exclusive of open parking structures, shall have sprinklers installed by property owner/developer, as required by the Anaheim Fire Department.
Fire Department
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3.10.1-5 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 fourteen (14) feet for the full width of access roads.
b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire
Department vehicles weighing seventy-five thousand (75,000) pounds.
c. All underground tunnels shall have sprinklers. Water supplies are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire
Department.
d. Adequate offsite public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of four hundred (400) feet apart.
e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm.
Fire Department
3.10.1-6 Prior to issuance of each building permit, the property owner/developer shall comply with the Fire Protection Facilities and Paramedic Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995), as may be amended by the City.
Fire Department
3.10.1-7 Prior to approval of street 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 uses and fire protection in accordance with Fire Department requirements.
Fire Department,
Public Utilities
Department, Water
Services
Administration
3.10.1-8 Prior to each final building and zoning inspection, the property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire
Department.
Fire Department
3.10.1-9 On-going during Project operations, an on-site coordinator for the project shall coordinate earthquake training with the Fire Department for hotel staff and other employees. The requirements of the mitigation measure will be included in the lease or other agreement with all of the project participants. Documentation indicating compliance with this mitigation measure will be included in the annual monitoring report ongoing during project operation.
Fire Department
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3.10.1-10 Prior to issuance of each building permit for hotels, the property owner/developer shall submit an earthquake emergency response plan for review and approval. That plan shall require posted notices in all hotel rooms on earthquake safety procedures.
Fire Department
3.10.2-1 Prior to approval of the first Final Site Plan for Area A; to be identified on plans submitted for building permits, plans shall be submitted showing the location of a police/security office identifiable and easily accessible by the public (i.e., “store-front” type of space) along with dedicated parking spaces for Police Department employees working in the space within the project site to the satisfaction of the Police Department.
Prior to the first final building and zoning inspection for Area A, Said police/security office space shall be made available to the Police Department for permanent occupancy at no cost to the City.
Police Department
3.10.2-2 On-going during Project operations, property owner/developer shall staff the Project with the needed level of uniformed private security officers working in pairs for patrol and surveillance of the facilities to the satisfaction of the Police Department, including possibly 24-hour coverage.
Police Department
3.10.2-3 Prior to issuance of each building permit, the Police Department shall review and approve the safety measures incorporated into the project including the parking structures. The security measures shall include, but not be limited to, closed circuit television surveillance/cameras and recording equipment or other substitute security measures as may be approved by the Police Department for the parking structures/facilities, lighting, and other defensible space measures throughout the project, as determined necessary by the Police Department.
Police Department
3.10.3-1 Prior to the first final zoning and building inspection, the property owner/developer shall submit project plans to the Director of Maintenance for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as implemented by the City of Anaheim, the County of Orange Integrated Waste Management Plan, and the City of Anaheim Integrated Waste Management Plan.
Public Works
Department, Streets
and Sanitation
Division
3.10.3-2 Prior to the first final zoning and building inspection; and to be implemented during Project operations, a Solid Waste
Management Plan shall be submitted for review and approval by the property owner/developer to ensure that the project plans comply with AB 939, as administered by City of Anaheim, and the County’s and City’s Integrated Waste Management Plans. Waste management mitigation measures that shall be taken to reduce solid waste generation shall include:
a. Detailing the locations and design of solid waste and recyclables storage and collection facilities.
b. Complying with all Federal, State, and City regulations for hazardous material disposal.
c. Participating in the City of Anaheim’s voluntary “Recycle Anaheim” program or other substitute program as may be
Public Works
Department, Streets
and Sanitation
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-22
NO. Measure REVIEW BY
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 including, but not limited to, the following:
a. Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins.
b. Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collection and baling.
c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing.
d. Providing trash compactors for non-recyclable materials, whenever feasible, to reduce the total volume of solid waste and the number of trips required for collection.
e. Prohibition of curbside pick-up within the Anaheim
GardenWalk project.
f. Recycling of landscape green waste.
3.10.5-1 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. (Note: On January 25, 2006, the State Allocation Board increased the maximum Level 1 school fees from $0.36 to $0.42 per square foot of enclosed and covered space for commercial/industrial development.)
Planning Department,
Building Division
3.10.5-2 Prior to commencement of uses/activities authorized by Conditional Use Permit No. 4078, as amended; and on-going during Project operations, the property owner/developer shall coordinate with the Anaheim Union High School District to incorporate a retail training program into the Project for interested high school seniors. An on-site project coordinator shall ensure compliance with the plan. Proof of this program shall be submitted to the Planning Department within ninety (90) days following commencement of the uses/activities.
Planning Department,
Planning Services
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-23
NO. Measure REVIEW BY
3.10.6-1 Prior to issuance of each building permit; and to be implemented prior to final building and zoning inspections, among the water conservation measures to be shown on plans and implemented by the property owner/developer shall include the following:
a. Use of low-flow sprinkler heads in irrigation system b. Use of waterway recirculation systems
c. Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals
d. Use of self-closing valves on drinking fountains
e. Use of reclaimed water for irrigation and wash-down when it becomes available
f. Continuation of the existing cooling tower recirculation system g. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors
h. Low-flow shower heads in hotels
i. Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances
j. Use of irrigation systems primarily at night when evaporation rates are lowest
k. Provide information to the public in conspicuous places regarding water conservation
l. Use of water-conserving landscape plant materials, as appropriate
m. Use of vacuum and other equipment to reduce the use of water for wash-down of exterior areas
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency;
Community Services
Department, Parks
Division
3.10.6-2 Prior to each final zoning and building inspection, the property owner/developer shall submit a certified water audit for landscape irrigation to the Public Utilities Systems Department, Electric Services Administration, Resource Efficiency Division, for review and approval.
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency
3.10.6-3 Prior to issuance of each building permit, the property owner/developer shall comply with the adopted Anaheim Resort Water Facilities Fee Program (Rule 15E of the Water Utilities Rates, Rules and Regulations per Resolution No. 95R-140, effective September 1, 1995), as may be amended by the City.
Public Utilities
Department, Water
Services Division
3.10.6-4 Prior to issuance of building permits; and prior to final building and zoning inspections, the water backflow equipment and any other large water system equipment shall be shown on plans to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the Setback Realm area in a manner fully screened from all public streets and alleys; and the facilities shall be installed in accordance with the plans.
Public Utilities
Department, Water
Services Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-24
NO. Measure REVIEW BY
3.10.6-5 Prior to approval of the Water System Improvement Plan, property owner/developer shall enter into an agreement recorded against the property with the City of Anaheim, to the satisfaction of the Utilities Department and City of Anaheim Attorney’s Office, to guarantee the property owner/developer’s participation in water system improvements necessitated by the project. The agreement shall contain provisions requiring the property owner/developer to pay or cause to be paid its fair share funding for said improvements and/or construct said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries in accordance with the Utility Rates, Rules, and Regulations. Costs shall include the payment for
consultant/contractor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection, and any other related expenses. Further, the property owner/developer shall submit an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The property owner/developer shall at all times perform its obligations as set forth in said agreement.
Public Utilities
Department, Water
Services Division
3.10.7-1 Prior to each final building and zoning inspection, the property owner/developer shall comply with the Sewer Impact and
Improvement Fee Program for the South Central City Area (per Ordinance No. 5490 and Resolution No. 95R-60 dated April 18, 1995, as may be amended by the City). This SCASDS Fee
Program applies to the sewer discharge generated above the rate from the building footprints existing prior to the demolition of building on the project site (in 2003) and up to the maximum of 639,000 peak gpd. This Fee Program does not apply and mitigate the need of the reverse sewer line in Gene Autry Way.
Public Works
Department, Design
Division
3.10.7-2 Prior to issuance of the first building permit; to be implemented prior to final building and zoning inspection, a report documenting sewer capacity shall be submitted for review and approval. Prior to the first final building and zoning inspection, either a reverse-flow public sewer line shall be constructed in Gene Autry Way from a point east of the I-5/Anaheim Boulevard to State College Boulevard or other improvement(s) to the sewer system shall be made to accommodate the sewage flow in excess of that
projected from the land uses permitted by The Disneyland Resort Specific Plan within the boundaries of Anaheim GardenWalk, which cannot be accommodated by current capacity.
Public Works
Department, Design
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-25
NO. Measure REVIEW BY
Line sizing and implementation of this measure will be as follows:
a. Analyze the Anaheim GardenWalk sewer flows with the City’s updated Basin 8 model to determine local sewer impacts and downstream impacts to the Gene Autry Way sewer system.
b. Determine the size and limits of a new public sewer in Gene Autry Way, east of Interstate 5, to intercept and redirect flows from the ASAMLUP tributaries.
c. Coordinate all analysis, findings, and conclusions for approval with the City of Anaheim.
d. The Property owner/developer shall be responsible for funding this improvement.
3.10.8-1 Prior to issuance of each building permit, the property owner/developer shall comply with the Storm Drain Impact and Improvement Fee Program for the South Central City Area (per Ordinance No. 5491 and Resolution No. 95R-61 dated April 18, 1995, as may be amended by the City); or, the City may enter into alternative financing arrangements with the property
owner/developer prior to approval of the first Grading Plan.
Public Works
Department, Design
Division
3.10.9-1 Prior to issuance of each building permit, the property owner/developer shall submit plans showing that each of the project's buildings will comply with the State Energy Conservation Standards for New Residential and Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations).
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency
3.10.9-2 Prior to issuance of each building permit for tenant improvements; and to be implemented prior to each final building and zoning inspection, in order to conserve energy, the property
owner/developer shall implement numerous energy saving
practices in compliance with Title 10, which may include the following:
a. Consultation with the City energy-conservation experts for assistance with energy-conservation design features.
b. Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors.
c. Use of electric motors designed to conserve energy.
d. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights.
e. Use of T8 lamps and electronic ballast. Metal halide or highpressure sodium for outdoor lighting and parking lots.
Public Utilities
Department, Electric
Services
Administration,
Resources Efficiency
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-26
NO. Measure REVIEW BY
3.10.9-3 Prior to issuance of the first building permit (submittal of conduit plans); to be implemented prior to final building and zoning inspection, the property owner/developer shall install electrical and communication conduit and substructures within the development site to provide for electrical distribution to serve the various uses within the development.
Public Utilities
Department, Electric
Services
Administration
3.10.9-4 Prior to the issuance of the first building permit for Area A and Area B, the property owner/developer shall pay fees in
accordance with Anaheim’s Electric Rates, Rules & Regulations for installation of backbone cables, switches and related facilities to provide electrical distribution to the development site.
Public Utilities
Department, Electric
Services
Administration
3.10.9-5 Prior to issuance of each building permit, the property owner/developer shall pay fees in accordance with Anaheim’s Electric Rates, Rules and Regulations for electrical commercial/ industrial services for specific uses within the development site.
Public Utilities
Department, Electric
Services
Administration
3.10.9-6 Completed 2/06
3.10.10-1 Prior to issuance of each building permit, the property owner/developer shall submit plans which shall ensure that buildings are in conformance with the State Energy Conservation Standards for nonresidential building (Title 24, Part 6, Article 2, California Administrative Code).
Public Utilities
Department, Electric
Services
Administration,
Resource Efficiency
3.10.10-2 Prior to each final building and zoning inspection, the property owner/developer shall implement a program (The Southern California Gas Company has developed several programs which are intended to assist in the selection of the most energy-efficient water heaters and furnaces) to reduce the demand on natural gas supplies. Proof of this program shall be submitted to the Planning Department in the form of a letter documenting compliance.
Planning Department,
Building Division
3.10.12-1 Prior to issuance of the first building permit for Area A, a preproject study of area television reception shall be undertaken by the property owner/developer to determine baseline conditions; and six months after topping out of each building over 75 feet in height, a follow-up study of area television reception shall be undertaken immediately by the property owner/developer. If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, a signal booster or relay system shall be installed on the roof of the tallest project building to restore broadcast television reception to its original condition as soon as practicable.
Planning Department,
Planning Services
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-27
NO. Measure REVIEW BY
3.11-1 Prior to approval of the first grading plan or issuance of the first demolition permit for Area B , whichever occurs first, investigation for the presence of cryptic tanks using geophysical methods shall be conducted in the subject area for the property owner/developer by a qualified environmental professional in the areas of former service stations and those areas known or thought to have been formerly occupied by USTs and where tank removal has not been verified prior to excavation or grading in these areas.
Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas.
Fire Department,
Environmental
Protection Section
3.11-2 Prior to removal of underground tanks, a permit shall be obtained from the Environmental Protection Section of the Fire Department for removal of underground tanks by the property
owner/developer. During removal of the underground storage tank, a representative from the Fire Department, Environmental Protection Section, shall be onsite to direct soil sampling.
Fire Department,
Environmental
Protection Section
3.11-3 On-going during remediation, remediation activities conducted on behalf of the property owner/developer of surface or subsurface contamination not related to USTs shall be overseen by the Orange County Health Department. Information on subsurface contamination from an underground storage tank shall be provided to the Public Utilities Department, Water Services Administration, Environmental Services.
Orange County
Health Department;
Public Utilities
Department, Water
Services
Administration,
Environmental
Services
3.11-4 Prior to approval of the first grading plan or issuance of the first demolition permit, whichever occurs first, the property owner/developer shall submit a plan for review and approval by the Fire Department, which details procedures that will be taken if a previously unknown UST or other unknown hazardous materials or waste is discovered onsite.
Fire Department,
Environmental
Protection Section;
Orange County
Health Department
3.11-5 Prior to relocation of any transformers within the Project boundaries 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.
Public Utilities
Department, Electric
Services
Administration
3.11-6 Prior to approval of a grading plan in Area B, a subsurface investigation and sampling of Area B, if needed, shall be undertaken by a qualified environmental professional for the property owner/developer to the satisfaction of the Public Utilities Department, Water Services Administration, Environmental Services, to determine if the former Chevron station’s USTs and/or business practices have environmentally impacted the subject property.
Public Utilities
Department, Water
Services
Administration,
Environmental
Services
3.11-7 Completed in 2002 prior to building demolition
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-28
NO. Measure REVIEW BY
3.11-8 Completed in 2002 prior to building demolition
3.11-9 On-going during demolition in Area B, appropriate disposal of lead and other hazardous materials to landfill shall be required, in compliance with all applicable federal, state, and local regulations depending on waste characterization. The State of California requires that all waste streams be characterized based on Waste Extraction Tests (WET), such as total Soluble Threshold Limit Concentrations (STLC), to determine appropriate disposal facility and procedures.
Fire Department,
Environmental
Protection Section
3.12-1 Prior to approval of the Final Site Plan; shown on plans submitted for building permits; and 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.
Planning Department,
Planning Services
Division
3.12-2 Prior to approval of the first building permit in Area A and in Area B, the property owner/ developer shall submit a landscape and irrigation plan in conformance with the landscape plan submitted as part of the Final Site Plan(s) for the Area. This plan shall be prepared by a licensed landscape architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping.
Planning Department,
Planning Services
Division
3.12-3 On-going during project operation, the property owner/developer shall participate in a landscape assessment and maintenance district for any properties owned by the property owner/developer, as adopted for the Anaheim Resort.
Public Works
Department,
Development
Services Division
3.12-4 Prior to submittal of each Final Site Plan, if the height of any building onsite is higher than shown on the conceptual
plans/exhibits submitted in connection with Conditional Use Permit No. 4078, the property owner/developer shall submit a shade and shadow analysis to the Planning Department for review and approval demonstrating that the proposed structure(s) would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pool areas, etc.) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building setback,
architectural massing and landscape requirements provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. The height of all structures shall not exceed the maximum height permitted by The Disneyland Resort Specific Plan.
Planning Department,
Planning Services
Division
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-29
NO. Measure REVIEW BY
3.12-5 Prior to issuance of the first building permit in Area A and in Area B, the property owner/ developer shall submit plans which detail the outdoor and, where applicable, indoor lighting system. 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 Department,
Planning Services
Division
3.13-1 Prior to approval of each grading plan, the property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented:
Public Works
Department,
Development
Services Division
a. The archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling,
identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution.
c. Any archaeological work at the site shall be 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 City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted.
Modified Mitigation Monitoring Program No. 004a
Project: Anaheim GardenWalk
E-30
NO. Measure REVIEW BY
3.13-2 Prior to approval of each grading plan, the property owner/developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented:
Public Works
Department,
Development
Services Division
a. The paleontologist must be present at the pre-grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property
owner/developer for exploration and/or salvage.
b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational
research institution.
c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the
paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the
grading, the paleontologist shall notify the City as to when the final report will be submitted.
3.14-1 Note: This measure has been deleted as it is required by Code.
DRAFT
EXHIBIT “D”
“ MITIGATION MONITORING PROGRAM (MMP) NO. 387”
[Behind this sheet.]
(DEV2021-00069)
DisneylandForward
Final Subsequent EIR No. 352
R:\Projects\WDI\3WDI000400\Environmental Documentation\Final SEIR\Final_SEIR-022824.docx 4-1 SECTION 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 the ARSP.
3. Project Design Features (PDFs) – Measures incorporated into The Disneyland Resort Project as amended by the DisneylandForward Project by the applicant with the intent of minimizing potential environmental impacts. The PDFs included in this Mitigation Monitoring Program will be implemented as mitigation measures.
4. Environmental Equivalent/Timing – To the extent permitted by law, if Disney cannot complete any PDF or Mitigation Measure and timing thereof, the City may 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 of any 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 all departments 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 will be 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 the
EXHIBIT 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.
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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.
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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.
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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 onsite 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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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).
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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
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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
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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 onsite 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
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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
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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
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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 longterm 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
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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 nonexplosive (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
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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
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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
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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
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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 passbys 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
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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
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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 noisesensitive 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
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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 onestory 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 dropoff 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
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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
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• 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
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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
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- 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
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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
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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
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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
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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 grounddisturbing 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 constructionrelated 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
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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 - WaterMM 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
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• Water-efficient ice machines, dishwashers, clothes washers, and other waterusing 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
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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
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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/SewerMM 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
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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
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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
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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 CityAttorney’s office of the impact prior to approval of a final subdivision map orissuance of a grading or building permit, whichever occurs first, pursuant to theimprovements 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 SouthCentral 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 couldinclude fees, credits, reimbursements, or a combination thereof. As part ofguaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted bythe property owner/developer to the City Engineer for review and approval andshall 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 – ElectricityMM 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 energyconservation 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
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• 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 theconstruction 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 theCity.
Public Works
Department, Streets and Sanitation Division
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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
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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 RequirementsSR 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
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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
DRAFT
EXHIBIT “E”
“THEME PARK, PARKING AND SOUTHEAST DISTRICTS”
[Behind this sheet.]
(DEV2021-00069)
DRAFT
DRAFT
EXHIBIT “F”
“DISNEYLANDFORWARD CONDITIONS OF APPROVAL”
[Behind this sheet.]
(DEV2021-00069)