5807ORDINANCE NO. 5807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING THE DISNEYLAND RESORT
SPECIFIC PLAN No. 92-1 AND CHAPTER 18.78 OF
THE ANAHEIM MUNICIPAL CODE AND AMENDING
ORDINANCE NOS. 5377 AND 5378, AS PREVIOUSLY
AMENDED, ACCORDINGLY (AMENDMENT No. 5).
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, on June 29, 1993,
the City Council of the City of Anaheim adopted Ordinance No.
5377 amending the zoning map to reclassify certain real property
described therein into The Disneyland Resort Specific Plan No.
92-1 Zone subject to certain conditions as specified therein, and
Ordinance No. 5378 relating to establishment of Zoning and
Development Standards for The Disneyland Resort Specific Plan No.
92-1 by the addition of Chapter 18.78 to said Code; and
WHEREAS, on April 12, 1994, the City Council adopted
Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378
relating to The Disneyland Resort Specific Plan No. 92-1,
Amendment No. 1, which amendment established "District A",
redesignated a portion (approximately 9 acres) of the East
Parking Area to District A, and established Zoning and
Development Standards for District A; and
WHEREAS, on June 20, 1995, the City Council adopted
Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as
previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Amendment No. 2, which amendment redesignated a
portion (approximately 10 acres) of the East Parking Area to
District A; and
WHEREAS, on October 22, 1996, the City Council adopted
Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as
previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Amendment No. 3, which amendment encompassed
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; and
WHEREAS, on September 16, 1997, the City Council
adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378,
as previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Adjustment No. 1, which adjustment encompassed
standards addressing permitted encroachments, screening
requirements and height limitations; and
WHEREAS, on July 13, 1999, the City Council duly
adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378,
as previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Amendment No. 4, which amendment encompassed text
and exhibit changes throughout the Specific Plan document to
reflect the establishment of the new Pointe Anaheim Overlay which
provides for the development of the Pointe Anaheim Lifestyle
Retail and Entertainment Complex, including amendments to the
Development Plan, the Design Plan and Guidelines, the Public
Facilities Plan and the Zoning and Development Standards; and
WHEREAS, the Pointe Anaheim Overlay encompasses the
boundaries of The Disneyland Resort Specific Plan No. 92-1
District A (18.9 acres) and a portion of the Parking District
(East Parking Area)/C-R Overlay south of Freedman Way (10.2
acres), which area is more particularly described in Attachment
No. 1 to this Ordinance, which is incorporated herein, and
WHEREAS, the Pointe Anaheim Overlay provides for
development of the project site in compliance with the provisions
of said overlay, which in turn require compliance with the
conditions and requirements of Conditional Use Permit No. 4078;
and
WHEREAS, development of the project site pursuant to
the provisions of the Pointe Anaheim Overlay is an alternative to
development of the project site pursuant to the provisions and
density currently permitted for the project site as established
by the underlying District A and C-R Overlay designations; and
WHEREAS, the Land Use Element indicates that the
maximum density allowed in District A and the C-R Overlay is up
to 75 hotel/motel rooms per gross acre and also indicates that
hotel accessory uses may also be developed as well as other
visitor -serving commercial/retail and restaurant uses; non -hotel
uses permitted under the designations must have traffic
generation characteristics less than or equivalent to the traffic
generation characteristics of the permitted hotel density; and
WHEREAS, pursuant to Chapters 18.03 and 18.93 of the
Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, successor in interest to Anaheim Center for Entertainment,
LLC, submitted a request dated March 12, 2001, that the Planning
Commission initiate General Plan Amendment No. 2001-00393,
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1,
Amendment to Conditional Use Permit No. 4078 and other related
actions pertaining to the Pointe Anaheim project, as proposed to
be modified, including development in up to five phases, on
property within the Specific Plan not owned by Excel Pointe
Anaheim, LLC; and
2
WHEREAS, on April 9, 2001, the Planning Commission, by
its Resolution No. PC2001-41, duly initiated General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1, Amendment to Conditional Use
Permit No. 4078 and other related actions; and
WHEREAS, pursuant to Chapters 18.03 and 18.93 of the
Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, submitted requests on October 29, 2001 for General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1 (including amendments to the Land
Use Plan, Design Plan, Zoning and Development Standards and
Conditions of Approval), Amendment to Conditional Use Permit No.
4078 with waiver of Code requirements, a request for the City of
Anaheim to enter into the First Amended and Restated Development
Agreement No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment
No. 3 to The Anaheim Resort Public Realm Landscape Program (the
"Proposed Project Actions"), which Proposed Project Actions
address the Pointe Anaheim project as proposed to be modified,
including development in up to five phases over time; and
WHEREAS, proposed Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1 (including amendments to the Land
Use Plan, Design Plan, Zoning and Development Standards and
Conditions of approval) consists of 634,700 gross square feet of
retail/dining/entertainment uses, which includes a 94,000 square
foot aquarium; up to four hotels comprising a maximum of 1,662
hotel rooms/suites (of which up to 200 units may be Vacation
Ownership Resort units) with approximately 322,071 gross square
feet of related 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 (the hotel rooms/suites and accessory
uses would encompass a maximum of 1,370,711 gross square feet);
and a 1,949,800 gross square foot parking structure with up to
4,800 striped parking spaces (the minimum number of striped
parking spaces would be 3,752) and 15 bus spaces at ultimate
build out of the project with a 10,200 square foot bus
terminal/facility for airport transport and to/from sightseeing
venues; and that the proposed development of Pointe Anaheim
would take place in up to five phases over a period of time; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Anaheim Civic Center, Council Chambers, 200 South
Anaheim Boulevard, in the City of Anaheim on November 19, 2001,
at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against the Proposed Project Actions and to
investigate and make findings and recommendations in connection
therewith; and
3
WHEREAS, said Planning Commission, by its Resolution
No. PC2001-159, as supplemented by its Resolution No. PC2002-22,
has found and determined that the Addendum to the Pointe Anaheim
Initial Study and Mitigated Negative Declaration and the Modified
Mitigation Monitoring Plan No. 004 were prepared in compliance
with the requirements of the California Environmental Quality Act
and the State and City of Anaheim CEQA Guidelines; that as
demonstrated by the analysis included in said addendum for all
environmental issues, the Proposed Project Actions will not
result in new significant impacts or substantial increases in the
severity of previously identified significant impacts and no
supplemental or subsequent environmental review is required; that
said addendum and the Modified Mitigation Monitoring Plan No.
004, as corrected at the Commission meeting, are adequate to
serve as the required environmental documentation for the
Proposed Project Actions; and
WHEREAS the Planning Commission, by its Resolution No.
PC 2001-161, made certain findings and recommended that the City
Council adopt Amendment No. 5 to The Disneyland Resort Specific
Plan No. 92-1, as revised at the Planning Commission meeting
("Amendment No. 5); and
WHEREAS, upon receipt of Resolution No. PC2001-159, as
supplemented by Resolution No. PC2002-22, and the Planning
Commission's request for review of its actions, summary of
evidence, reports of findings and recommendations of the City
Planning Commission, the City Council did fix the 11th day of
December, 2001, as the time, and the City Council Chamber in the
Civic Center as the place for a public hearing on said
modification to Conditional Use Permit with waiver of the minimum
number of parking spaces required by the Anaheim Municipal Code
and did give notice thereof in the manner and as provided by law,
and thereafter duly continued the public hearing to January 8,
February 12 and February 26, 2002; and
WHEREAS, on February 26, 2002, the City Council did
hold a public hearing upon the Proposed Project Actions, notice
of which hearing was given in the manner required by law, and did
give all persons interested therein an opportunity to be heard
and did receive evidence and reports to consider the Addendum to
the Pointe Anaheim Mitigated Negative Declaration and Modified
Mitigation Monitoring Plan No. 004 and the Proposed Project
Actions; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), on February 26, 2002, the
City Council, by its Resolution No. 2002R-53, and based upon the
recitals and findings therein, determined (i) that the Addendum
to the Pointe Anaheim Mitigated Negative Declaration and Modified
Mitigation Monitoring Plan No. 004 were prepared in
4
compliance with the requirements of the California Environmental
Quality Act and the State and City of Anaheim CEQA Guidelines;
(ii) that as demonstrated by the analysis included in the
Addendum for all environmental issues, the Proposed Project
Actions will not result in new significant impacts or substantial
increases in the severity of previously identified significant
impacts and no supplemental or subsequent environmental review is
required; and (iii) that the Addendum to the Mitigated Negative
Declaration including the Modified Mitigation Monitoring Plan No.
004 attached thereto are adequate to serve as the required
environmental documentation for the Proposed Project Actions.
WHEREAS, the City Council desires to amend and add
certain conditions of approval to Ordinance No. 5377, as
previously amended; and
WHEREAS, the City Council also desires to amend the
Zoning and Development Standards established by Ordinance No.
5378, as previously amended, contained within Chapter 18.78 of
the Anaheim Municipal Code applicable to The Disneyland Resort
Specific Plan No. 92-1; and
WHEREAS, development of the project site pursuant to
the provisions of the Pointe Anaheim Overlay, as amended, remains
an alternative to development of the project site pursuant to the
provisions and density currently permitted for the project site
as established by the underlying District A and C-R Overlay
designations; and
WHEREAS, the City Council finds that the proposed
amendments are consistent with the findings and determinations
made in Resolution No. 2002R-55, adopting Amendment No. 5 to The
Disneyland Resort Specific Plan No. 92-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
A. That Ordinance No. 5377, as previously amended,
be, and the same is hereby, amended to revise the
introductory section to the Conditions of Approval
and the Conditions of Approval as set forth in
Attachment No. 2 to this Ordinance, and Modified
Mitigation Monitoring Plan No. 004, which are
hereby incorporated herein as though set forth in
full.
B. That, except as expressly amended herein,
Ordinance Nos. 5377 and 5378, as previously
amended, shall remain in full force and effect.
5
C. That Ordinance No. 5378, as previously amended,
be, and the same is hereby, amended to revise the
Zoning and Development Standards in Chapter 18.78
of the Anaheim Municipal Code as follows:
SECTION 1
That subsection .020 of Section 18.78.020 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 Disneyland Resort Design Plan. The site development
standards set forth in Sections 18.78.050 through 18.78.110 of
this Chapter have been adopted to operate in conjunction with the
Design Plan for The Disneyland Resort Specific Plan identified in
Section 5.0 of the Specific Plan document (hereinafter referred
to in this Chapter as the "Design Plan") approved by the City
Council on June 29, 1993, as amended on April 12, 1994 (Amendment
No. 1); June 20, 1995 (Amendment No. 2); October 22, 1996
(Amendment No. 3); July 13, 1999 (Amendment No. 4); and March 19,
2002, (Amendment No. 5), as the same may be hereinafter amended
in accordance with the Specific Plan amendment procedures set
forth in Chapter 18.93 entitled "SPECIFIC PLANS" of the Anaheim
Municipal Code. Said Disneyland Resort Design Plan is
incorporated herein by this reference as if fully set forth in
this Chapter. All development otherwise permitted by this
Chapter shall comply with any applicable provisions of the Design
Plan."
SECTION 2
That subsection .020 of Section 18.78.040 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraph .0201) to read as follows:
".020 Final Site Plan Approval. Final Site Plans (as
described in this section and hereinafter collectively referred
to as the "Final Site Plans") shall be processed in the following
ways:
0201 Process for Approval.
(a) Planning Commission Report and Recommendation
Item. Final Site Plans for the following types of
plans shall be subject to the review and approval
by the Planning Commission at a public meeting as
a Report and Recommendation:
(1) All development in the Hotel District with
the exception of development subject to the
standards and requirements set forth in
X
Section 18.78.100 entitled "C-R OVERLAY" of
this chapter.
(2) Streetscape and landscape within the Theme
Park District, Parking District and Future
Expansion District Setback Realms, as
described in the Design Plan.
(3) Minor boundary and acreage variations not
exceeding ten percent (100) of the larger
parcel.
(4) Final layout for the parking facility in the
East Parking Area.
(5) Final detailed layout of the Pointe Anaheim
Overlay Lifestyle Retail and Entertainment
Complex designed in accordance with
Conditional Use Permit No. 4078 approved in
compliance with the Pointe Anaheim Overlay
requirements. Further provided that the
Final Site Plan shall be in accordance with
the requirements set forth in Section
18.78.105 entitled, "POINTE ANAHEIM OVERLAY"
of this Chapter; encompass the entirety of
the 29.1 -acre Pointe Anaheim Overlay; and,
provide for the development of one
comprehensive project to be constructed in up
to five phases.
If the Final Site Plan is found to be in
substantial conformance with the Specific Plan and the
provisions of this Chapter, the Planning Commission
shall approve the Final Site Plan. The Planning
Commission's decision shall be final unless appealed to
the City Council within ten (10) days from the date of
such decision. Plans submitted for issuance of
building permits shall be in substantial conformance
with the approved Final Site Plan.
(b) Planning Commission Public Hearing Item.
(1) Final Site Plans for all development within
District A and the Future Expansion District,
with the exception of Parking Facilities
shown on Exhibit 5.8.3e, "Future Expansion
District Concept Plan," of the Specific Plan
document, shall be subject to the review and
approval by the Planning Commission at a
noticed public hearing.
7
(2) Notice of such hearing shall be given at the
same time and in the same manner as specified
for hearings for Conditional Use Permits in
the Anaheim Municipal Code. Final Site Plans
processed under this subdivision shall be
subject to environmental review. The Planning
Commission shall review the Final Site Plan
to determine if it is in substantial
conformance with the Specific Plan and the
provisions of this chapter. The Planning
Commission may approve, disapprove or approve
with conditions the Final Site Plan. The
Planning Commission's decision shall be final
unless appealed to the City Council within
ten (10) days from the date of such decision.
Before approving a Final Site Plan under the
provisions of this subsection, the Planning
Commission shall make the following findings
of fact:
[a] That the proposed development will not
adversely affect the adjoining land uses and
the growth and development of the area in
which it is proposed to be located;
[b] That the size and shape of the site is
adequate to allow for the full proposed
development in a manner not detrimental to
the particular area nor the peace, health,
safety and general welfare;
[c] That the approval of the Final Site Plan
under the conditions imposed, if any, will
not be detrimental to the health, safety and
general welfare of the citizens of the City
of Anaheim.
(3) Notwithstanding the provisions and
limitations of the foregoing subsections [a],
[b] and [c], the Planning Commission or City
Council may approve any Final Site Plan if
the Planning Commission or City Council finds
and determines, either in its approval of the
Final Site Plan or any other finding
pertaining to the proposed development
(including environmental documentation), that
(a) the concerns addressed by subsections
[a], [b] and [c] above are mitigated to a
level of insignificance or (b) overriding
considerations warrant the approval of the
Final Site Plan in the event that either (i)
one or more of the findings of fact required
by subsections [a], [b] and [c] above is not
made or (ii) insufficient evidence is set
forth in the record to support one or more of
the findings of fact.
(c) C-R Overlay. Final Site Plans for development
within the C-R Overlay shall be processed in the
following manner:
(1) Proposed development in conformance with the
requirements of the District shall be
processed according to the requirements of
that District.
(2) Proposed development in conformance with the
requirements of the C-R Overlay shall be
processed as a Planning Commission Public
Hearing Item as described in subsection (b)
above.
(d) Exemptions. Development within the Theme Park
District intended for theme park and theme park back -
of -house support uses, hotels within the theme park,
retail entertainment centers in the Theme Park and/or
Hotel District(s), parking facilities in the Parking
District and parking facilities within the Future
Expansion District as shown on Exhibit 5.8.3e entitled
"Future Expansion District Concept Plan" of the
Specific Plan document, and permitted signage in the
Pointe Anaheim Overlay for the Pointe Anaheim Lifestyle
Retail and Entertainment Complex shall be exempt from
the requirements of the Final Site Plan review.
Building plans for these areas shall be submitted to
the Building Division of the Planning Department and
shall be reviewed for conformance with all applicable
provisions of the Specific Plan prior to issuance of
building permits. Pointe Anaheim Lifestyle Retail and
Entertainment Complex signage shall be reviewed by the
Planning Department for conformance with The Disneyland
Resort Specific Plan Pointe Anaheim Overlay
requirements prior to issuance of sign permits.
.0202 Content of the Final Site Plan Submittal. Final
Site Plans shall contain the information set forth in the
Anaheim Resort Specific Plan Final Site Plan Review
Application as adopted by Resolution of the City of Anaheim
Planning Commission and on file with the Planning
Department.
s
.0203 Phased Submittals. Final Site Plans may be
submitted for phases or portions of phases as shown and
described in Exhibit 3.4a, "Phasing Plan," of the Specific
Plan documents."
SECTION 3
That Section 18.78.105 be, and the same is hereby,
added to Chapter 18.78 of Title 18 of the Anaheim Municipal Code
to read as follows:
"18.78.105 POINTE ANAHEIM OVERLAY
.010 Purpose. The Pointe Anaheim Overlay has been
established to provide for the development of the Pointe Anaheim
Lifestyle Retail and Entertainment Complex pursuant to the uses
set forth in subsection 18.78.105.020 entitled, "CONDITIONAL
USES" of the Anaheim Municipal Code and subject to the density
limitations set forth in subsection 18.78.105.030 entitled,
"POINTE ANAHEIM DENSITY" of the Anaheim Municipal Code, if the
properties are not developed in accordance with The Disneyland
Resort Specific Plan Parking District (East Parking Area)
requirements or the District A or C-R Overlay requirements.
.020 Conditional Use and Structures.
.0201 The following buildings, structures and uses set
forth in paragraphs .0202 and .0203 shall be permitted as
part of the Pointe Anaheim Lifestyle Retail and
Entertainment Complex provided that:
(a) Conditional Use Permit No. 4078, as amended, is
approved pursuant to, and subject to, the conditions
and required showings of Section 18.03.030 entitled,
"CONDITIONAL USE PERMITS (C.U.P's) - GENERAL" of this
Code;
(b) All uses and structures set forth in subsection
18.48.070.030 entitled, "PERMITTED ACCESSORY USES AND
STRUCTURES" and in subsection 18.48.070.040 entitled
"PERMITTED TEMPORARY USES AND STRUCTURES" of the
Anaheim Municipal Code shall be permitted in the Pointe
Anaheim Overlay;
(c) With the exception of subsection 18.48.070.060.0619
entitled, "PROHIBITED SIGNS", all uses set forth in
subsection 18.48.070.060 entitled, "PROHIBITED USES" of
the Anaheim Municipal Code shall be prohibited in the
Pointe Anaheim Overlay;
10
(d) All development is subject to the limitations
described in Section 18.78.050 entitled, "LAND USE AND
SITE DEVELOPMENT STANDARDS - GENERAL" of the Anaheim
Municipal Code; and,
(e) The Pointe Anaheim Lifestyle Retail and
Entertainment Complex shall be designed in accordance
with the Conceptual Site Plans shown in Exhibits
5.8.3.f.1, 5.8.3f.2, 5.8.3f.3, 5.8.3.f.4,and 5.8.3f.5
of The Disneyland Resort Specific Plan document."
0202 Hotels, including suite -type hotels, and Vacation
Ownership Resort units, as described in subsection
18.78.105.030 entitled, "POINTE ANAHEIM DENSITY" of the
Anaheim Municipal Code.
.0203 All conditional uses and structures listed in
subsection 18.48.070.040 entitled, "CONDITIONAL USES AND
STRUCTURES" of the Anaheim Municipal Code which implements
the list of uses described in subsection 18.78.105.030
entitled "POINTE ANAHEIM DENSITY" of the Anaheim Municipal
Code as further described below:
Specialty Retail/Entertainment Center with integrated
management and a festive theme orientation and plaza/pedestrian-
oriented amenities with the following types of uses:
(1) Banking facilities.
(2) Children's, men's, and women's apparel,
shoes, jewelry and accessories.
(3) Entertainment facilities (amusement arcades,
skating rinks, outdoor recreational playground
areas).
(4) Shopping services.
(5) Specialty merchandise, gifts and toys.
(6) Transportation/travel services including an
automobile rental agency office (with no on-site
vehicular storage).
(7) Radio and television studio to enable live
and/or taped broadcast facilities at the site.
(8) Baby-sitting services.
(9) Fast-food/food court -type and walk-
up/specialty restaurants.
11
(10) Enclosed and semi -enclosed full-service and
theme -type restaurants/nightclubs with or without
on-site sale and consumption of beer, wine, and
alcoholic beverages and associated entertainment
uses (billiards, dancing, live and recorded
performances).
(11) Art galleries/museums.
(12) Aquarium.
(b) Outdoor events/uses held within the confines of
Pointe Anaheim, out of view of the public right-of-way
and not directed towards the public right-of-way
including open-air festival events oriented towards
tourists and guests for public gatherings, speeches,
concerts, presentations, or shows); outdoor booths,
kiosks and stands; and, outdoor special lighting
effects.
(c) Theaters, including dinner, legitimate or motion
picture theaters, performance theaters or night clubs,
and indoor amphitheaters (the square footage of the
indoor amphitheater use would be deducted from the
maximum project square footage).
(d) Parking/transportation facilities for automobiles,
buses, shuttles, and taxis.
(e) On-site directional signs.
(f) Murals.
.030 Pointe Anaheim Density. The maximum density for
the Pointe Anaheim Overlay shall be as follows: 634,600 gross
square feet of retail/dining/entertainment uses; three to four
hotels comprising 1,662 hotel rooms/suites (of which up to 200
units can be developed as Vacation Ownership Resort units) with
approximately 282,071 gross square feet of related accessory uses
(the hotel rooms/accessory uses would encompass a maximum of
1,330,771 gross square feet) and, of that total, an approximate
133,630 gross square foot area on the top floor of the parking
structure to be used for a hotel conference center; and a
1,949,800 gross square foot parking structure with 4,800 striped
parking spaces and 15 bus parking spaces at full buildout with a
10,200 gross square foot bus terminal/facility for airport
transport and to/from sightseeing venues. The Pointe Anaheim
Overlay density is set forth in more detail in Exhibit 3.3.6b of
The Disneyland Resort Specific Plan document entitled "Pointe
Anaheim Overlay Development Program."
12
.040 Maximum Permitted Heights. The maximum permitted
height of structures shall be as indicated on Exhibit 1 of the
Specific Plan document entitled "Maximum Permitted Structural
Height.
.050 Interior Structural Setback and Yard Requirements
from Adjacent Interior Lots. A ten -foot minimum setback adjacent
to interior lot lines abutting the Anaheim Resort Specific Plan
No. 92-1 Zone boundary is required for structures developed under
the provisions of Section 18.78.105 entitled "Pointe Anaheim
OVERLAY" of this Chapter.
.060 Setbacks from Abutting Public Rights -of -Way. The
minimum setback requirements for structures developed under the
provisions of this Section shall be as described for the base
District the structure is located in with the following
exceptions:
.0601 Freedman Way. Twenty (20) feet minimum, if the
structure is seventy-five feet or less in height or
thirty (30) feet minimum, if the structure is greater
than seventy-five (75) feet in height with landscaping
consistent with Design Plan Cross Section number 27.
.0602 Disney Way (formerly Freedman Way). Twenty (20)
feet minimum, if the structure is seventy-five feet or
less in height or thirty (30) feet minimum, if the
structure is greater than seventy-five (75) feet in
height with landscaping consistent with Design Plan
Cross Section number 17b.
.0603 Katella Avenue. Eleven (11) feet minimum, with
landscaping consistent with Design Plan Cross Section
numbers 3a and 3b.
.0604 Harbor
minimum, with
Cross Section
SECTION 4
Boulevard. Twenty-six (26) feet,
landscaping consistent with Design Plan
number 17a."
That subsection .020 of subsection of Section 18.78.130
of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, amended (to amend paragraph .0201) to
read as follows:
".020 Signs—General.
.0201 Application.
13
(a) Sign standards and regulations contained within
this section shall apply to all Districts and the C-R
Overlay within the Specific Plan area, except that for
theme park or retail entertainment center uses
developed in the Theme Park and Hotel Districts, the
sign standards contained in this section and other sign
regulations contained within the Anaheim Municipal Code
shall only apply to signs within the required setback
adjacent to perimeter streets, excluding West
Street/Disneyland Drive. In the Theme Park and Hotel
Districts, wall signs for theme parks and retail
entertainment center uses adjacent to the required
setback along perimeter streets, excluding West
Street/Disneyland Drive, shall be internally oriented.
(b) Sign standards and regulations contained within
this section shall apply to development in the Pointe
Anaheim Overlay with the exception that signs in the
interior areas of the Pointe Anaheim Lifestyle Retail
and Entertainment Complex shall be exempt from the
requirements set forth in this section. Signs, objects
or structures located in the Pointe Anaheim Overlay are
considered to be "interior" for the purposes of
Sections 18.78.020.0201 and 18.78.105.100 if they are:
(1) Not visible to pedestrian or vehicular
traffic from the public right-of-way at an equal
elevation as the Pointe Anaheim property line (measured
at five (5) feet above the grade of the sidewalk on the
opposite side of the street from the Pointe Anaheim
project; or,
(2) At least 160 feet from the adjacent public
right-of-way or correspond with the setback of the last
building bordering the view corridor, whichever is
further as shown on Exhibit 5.8.3.f.5 entitled "Pointe
Anaheim Interior Signage and Icon/Themed Signage
Element," and only visible to pedestrian and/or
vehicular traffic through limited view corridors at the
entrances to the Pointe Anaheim Lifestyle Retail
Entertainment Complex (as shown on Exhibit 5.8.3.f.5).
The final dimensions of the view corridor will be shown
on the Final Site Plan. In addition, the view
corridors to be shown on the Final Site Plan shall not
exceed the corridor widths shown on Exhibit 5.8.3.f.5.
(3) For the Pointe Anaheim Overlay, on-site
directional signage may be included as part of the
overall Coordinated Sign Program if considered and
approved as a part of the Final Site Plan or as
amended.
14
.0202 Administrative Provisions — Sign Regulations.
The location, size, type, construction and all other
matters relating to signs in the Specific Plan area,
with the exception of theme parks and retail
entertainment centers in the Theme Park and Hotel
District, which shall be exempt from the provisions of
this section and other regulations contained within the
Anaheim City Code governing signs, shall be regulated
and controlled exclusively by the provisions of this
chapter except to the extent reference is expressly
made in this chapter to any other provision of the
Anaheim Municipal Code. In the event of any conflict
between the provisions of this chapter and any other
provisions of the Anaheim Municipal Code so referenced
herein, the provisions of this chapter shall govern and
prevail. All signs and all applications shall therefore
be exclusively administered by the Planning Director
except those signs which may be sought in conjunction
with a conditional use permit or a zone variance.
.0203 Coordinated Sign Program. All signs on a property
shall be designed as part of a coordinated
architectural, informational, regulatory and
directional sign system with a consistent design
detailing, typeface and color system. All multi -tenant
signs shall either use one consistent typeface for all
tenants or use one color for all sign copy. The capital
letter height of all tenant identification copy shall
be the same on a single sign face. Multi -tenant wall
signs shall either be all wall signs or all canopy
signs except for as provided elsewhere in this chapter
for hotel/motel accessory uses.
.0204 Resolution of Inconsistent Provisions.
Notwithstanding any other provision of this Code to the
contrary, all provisions governing signs or advertising
structures of any type in this Zone shall be contained
within this chapter; provided, however, the provisions
of Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS,
BANNERS AND BALLOONS — GENERAL," and Chapters 4.04
entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES —
GENERAL," 4.08 entitled "OUTDOOR ADVERTISING SIGNS AND
STRUCTURES—NEAR FREEWAYS" and 4.09 entitled
"ADVERTISING OF MOTEL AND HOTEL RENTAL RATES" of this
Code shall apply to signs and advertising structures in
this zone to the extent such provisions are not
inconsistent with this chapter.
.0205 Variances From Sign Requirements. No person
shall install or maintain any sign in the Specific Plan
area except as permitted herein; provided, however,
15
that any requirements or restrictions may be waived in
whole or in part upon such conditions as may be imposed
by the Zoning Administrator, Planning Commission or the
City Council by a zone variance processed and approved
in accordance with all procedures, requirements and
restrictions established for variances pursuant to
Chapter 18.03 entitled "ZONING PROCEDURES — AMENDMENTS,
CONDITIONAL USE PERMITS AND VARIANCES" of the Anaheim
Municipal Code.
.0206 Signs Approved in Conjunction with Conditional
Use Permits. Approval of any conditional use permit
shall be deemed to constitute approval of any on-site
signs which are otherwise permitted in the Specific
Plan area unless, as part of the action approving the
conditional use permit, more restrictive sign
requirements are imposed.
.0207 Legal Nonconforming Signs — General. Any sign or
other advertising structure of whatever type or nature,
other than an illegal sign, which violates or otherwise
does not comply with the applicable requirements of
this chapter shall be subject to compliance with the
regulations prescribed herein in the time and manner
hereinafter set forth.
(a) Legal Nonconforming Signs—Continuation and
Termination. Any legal nonconforming sign or sign
structure in existence on the effective date of this
chapter which violates or otherwise does not conform to
the provisions hereof shall be removed, altered or
replaced so as to conform to the requirements of this
chapter (hereinafter the "abatement") either:
(1) within twelve (12) years from and after the
date said sign first becomes on conforming to the
provisions of this chapter, or
(2) on or before December 31, 2005, whichever is
later; provided, however, in no event shall such
abatement be required unless and until the owner of
said sign has received not less than one (1) year's
advance written notice from the Planning Director of
the City requiring the removal or alteration of sign.
Notwithstanding the foregoing:
[a] Any advertising display which was
lawfully erected, but whose use has ceased,
or the structure upon which the display
exists has been abandoned by its owner, for a
period of not less than ninety (90) days,
16
shall be removed, altered or replaced so as
to conform to the provisions of this chapter
within six (6) months from the date of
receipt of a written order of abatement from
the Planning Director of the City requiring
such abatement. Costs incurred by the City in
removing an abandoned display shall be borne
by or charged to the legal owner of the real
property upon which said sign is located.
[b] Any advertising display structure which
has been more than fifty percent (50%)
destroyed, and the destruction is other than
facial copy replacement, and said structure
cannot be repaired within thirty (30) days of
the date of its destruction shall be removed,
altered or replaced so as to conform to the
provisions of this chapter within six (6)
months from the date of receipt of a written
order of abatement from the Planning Director
of the City requiring such abatement.
[c] Any advertising display, whose owner,
outside of a change of copy, requests
permission to remodel and remodels that
advertising display, or expands or enlarges
the building or land use upon which the
advertising display is located, and the
display is affected by the construction,
enlargement, or remodeling, or the cost of
construction, enlargement or remodeling of
the advertising display exceeds fifty percent
(50%) of the cost of reconstruction of the
building shall remove, alter or replace such
sign so as to conform to the requirements of
this chapter in conjunction with said
project.
[d] Any advertising display for which there
has been an agreement between the advertising
display owner and the City for its removal as
of any given date shall remove such sign per
said agreement.
[e] Any temporary advertising display
erected pursuant to a special events permit
issued by the City shall be removed as
specified under Section 18.05.070 entitled
"TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS
— GENERAL," of the Anaheim Municipal Code or
17
within such other time as expressly
authorized by the City.
[f] Any advertising display which is an
immediate danger to public health or safety
shall be removed, altered or replaced so as
to conform to the requirements of this
chapter within thirty (30) days from the date
of receipt of a written order of abatement
from the Planning Director of the City
requiring such removal or alteration.
[g] Any advertising display which in the
opinion of the City Traffic and
Transportation Manager constitutes a traffic
hazard not created by relocation of streets
or highways or by acts of the City shall be
removed, altered or replaced so as to conform
to the requirements of this chapter within
thirty (30) days from the date of receipt of
a written order of abatement from the
Planning Director of the City requiring such
removal or alteration.
[h] Any other advertising display for which
the City is exempt from the payment of
compensation in conjunction with requiring
its removal as specified in Chapter 2.5 of
Division 3 of the Business and Professions
Code of the State of California, or any
successor provisions thereto shall be subject
to removal as specified in said Code.
[i] Illegal Signs. Illegal signs as defined
in Section 18.78.130.010 "DEFINITIONS
PERTAINING TO SIGNS" of this chapter shall be
removed, altered or replaced so as to conform
to the requirements of this chapter within
six (6) months following the effective date
of this chapter.
.0208 Regulation of Special Types of Signs — General.
Notwithstanding any other provisions of this chapter,
the following special types and classifications of signs shall be
permitted subject to compliance with the limitations and
conditions prescribed herein.
.0209 Signs Required By Law. Nothing contained in this
chapter shall prevent the erection, locati n or construction of
any sign on private property where such erection, location or
construction of said sign is required by any law; provided,
however, no such sign erected, placed or maintained pursuant to
this provision shall exceed four (4) square feet in area except
to the extent a greater sign area is expressly required by law.
.0210 Signs in the Public Rights -of -Way. Signs shall be
prohibited in any public rights-of-way as provided in Section
4.04.130 entitled "PROHIBITION OF SIGNS IN THE PUBLIC RIGHT-OF-
WAY" of this Code, except signs and gateways as described in the
Design Plan or on the pedestrian overcrossing on West
Street/Disneyland Drive.
.0211 Political Campaign Signs. Notwithstanding any
other provision of this chapter, political campaign signs shall
be permitted on private property provided:
(a) Sight Distance. Such signs shall comply with the
minimum sight distance requirements set forth in
Subsection 18.05.093.025 entitled "MINIMUM SIGHT
DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS" of this
Code;
(b) Code Compliance. Such signs shall comply with the
provisions of Section 4.04.130 entitled "PROHIBITION OF
SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code; and,
(c) Title 15 Compliance. Any structure to which a
political sign is attached shall comply with all
applicable provisions of Title 15 "Building and
Housing" of the Anaheim Municipal Code, except that no
building permit shall be required for a temporary
political campaign sign having a surface area of
thirty-five (35) square feet or less and which
structure is removed within one hundred and twenty
(120) days of its erection or placement, or within
thirty (30) days after the election to which the sign
relates, whichever occurs first."
SECTION 5
That subsection .060 of Section 18.78.130 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraph .0603) to read as follows:
".060 Business and Identification Signs. Business and
identification signs shall comply with the Design plan,
shall consist of permanent non -changeable copy except
as provided for in Section 18.78.130.0602(a) entitled
"CHANGEABLE COPY SIGNS" of this chapter, and shall
comply with the following:
19
.0601 Permitted Signs. The following sign types are
allowed in this Zone subject to the requirements of
this chapter.
(a) Freestanding Monument Signs. Such signs shall be:
(1) Monument signs except as provided elsewhere
in this chapter;
(2) Limited to the name of the development and/or
a maximum of three (3) company names and/or
company symbols only; and,
(3) Such signs shall use the standard monument
sign base and conform to the appropriate sign
shape as specified in Exhibit 7.Oa entitled
"General Sign Standards Matrix" and Exhibit 7.Ob
entitled "Hotel/Motel Sign Standards Matrix" in
Section 18.78.130.0604, entitled "SIGN STANDARDS
MATRICES," of this chapter.
(b) Informational, Regulatory and Directional IRD)
signs not visible from the Public Right -of -Way. Such
signs shall:
(1) Be located outside any required setback area;
(2) Be designed to direct pedestrians and/or
vehicular traffic while said traffic is on the
parcel on which said signage is located; and,
(3) Be designed as a coordinated architectural,
informational, directional and regulatory sign
system for said project, provided if a company
symbol or logo is part of the sign copy, it shall
occupy a maximum of twenty-five percent (250) of
the sign area.
(c) Informational, Regulatory and Directional (IRD)
Signs Visible from the Public Right -of -Way. Such signs
shall:
(1) Have a maximum sign area of eight (8) square
feet; and,
(2) Be designed as a coordinated architectural,
informational, directional and regulatory sign system
for said project, provided if a company symbol or logo
is part of the sign copy, it shall occupy a maximum of
twenty-five percent (250) of the sign area.
20
(d) Wall Signs.
(1) Such signs shall not encroach into any public
right-of-way, and are subject to the provisions
specified in Exhibit 7.Oa entitled "General Sign
Standards Matrix" and Exhibit 7.Ob entitled
"Hotel/Motel Sign Standards Matrix" in Section
18.78.130.0604 entitled "SIGN STANDARD MATRICES" of
this chapter.
(2) Said signs shall have only one (1) display
surface; and,
(3) Said signs shall be placed parallel to and in
front of any exterior wall of the building.
(e) Canopy Signs. Canopy Signs as defined in Section
18.78.130.010 entitled "DEFINITIONS PERTAINING TO
SIGNS" of this chapter are considered a wall sign and
as such, all regulations pertaining to wall signs also
pertain to canopy signs. Such signs shall be permitted
on awning valances, provided awnings shall not be
permitted to project over or into a public right-of-way
and the awnings shall be an integral part of the
building design. Canopy signs on awning valances are
considered wall signs and are subject to the provisions
of wall signs as provided in Exhibit 7.Oa entitled
"General Sign Standards Matrix" and Exhibit 7.Ob
entitled "Hotel/Motel Sign Standards Matrix" in Section
18.78.130.0604 entitled "SIGN STANDARD MATRICES" of
this chapter and to the following provisions:
(1) Said signs must be oriented to the
pedestrian;
(2) Said signs shall not be internally
illuminated;
(3) Only fifteen percent (15%) of the entire
surface of the awning may be utilized for the
sign; and
(4) Said sign may include the company name and/or
company symbol only.
(f) Window Identification Signs subject to Exhibit7.0a
entitled "General Sign Standards Matrix" and
Exhibit 7.Ob entitled "Hotel/Motel Sign Standards
Matrix" in Section 18.78.130.0604 entitled "SIGN
STANDARD MATRICES" of this chapter.
PAI
(g) Other signs as permitted elsewhere in this
chapter.
.0602 Conditionally Permitted Signs. The following
signs shall be permitted subject to the approval of a conditional
use permit pursuant to and in accordance with the applicable
provisions of Chapter 18.03 entitled "ZONING PROCEDURES —
AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of this Code;
this section is not intended to conditionally allow signs
prohibited by this chapter or to change the standards contained
herein, but is intended to provide a mechanism to address special
circumstances.
(a) Changeable copy signs (including electronic
message boards) for a theater, entertainment
facility, amusement park, or for hotel/motel
complexes provided the site on which the use is
located is a minimum of six (6) acres in area. In
addition, the following provisions shall apply to
such signs:
(1) In addition to the permitted business
identification wall signs, changeable copy signs shall
be wall signs provided the top of such sign is below
the cornice of the building or twenty-five (25) feet
whichever is lower except:
[a] A theater or entertainment facility
may have a changeable copy sign which
displays identification and program
information, the name of the theater or
auditorium and it may be a Marquee sign.
(2) Such signs shall not be visible from
residential zoned or residentially developed
properties;
(3) The design of such signs shall be integrated
with the architecture of the building;
(4) Animation and bare bulbs are allowed as they
pertain to bulb matrix technology (the technology used
for reader board changeable message signs); and,
(b) Signs neither otherwise expressly permitted nor
otherwise expressly prohibited in this Zone.
(c) Signs for any use, building or structure requiring
a conditional use permit.
22
(d) Projecting signs as defined in Section
18.78.130.010 entitled "PROJECTING SIGN" in this
chapter.
(e) In the Pointe Anaheim Overlay, up to two
icon/themed signage elements (defined as "a
structure, sculpture, or having the nature of, an
icon, which is a nationally -recognized image or
object, including, but not limited to, trademarked
objects, logos, or other images and figures
associated with nationally -recognized corporate
identities")shall be permitted subject to the
approval of a conditional use permit provided that
the signage shall be associated with a use
approved for the Pointe Anaheim Lifestyle Retail
and Entertainment Complex pursuant to Section
18.78.105 (Pointe Anaheim Overlay); the location
shall be in compliance with Exhibit 5.8.3f.5 and
further provided that the size, location, height
(not to exceed 30 feet in height), and design of
the signage shall be determined by the conditional
use permit.
.0603 Prohibited Signs. The following types of signs
shall be prohibited in this Zone:
(a) A -frame or "sandwich board" signs.
(b) Animated signs.
(c) Attachments or "riders" to signs.
(d) Beacon lights or beacon signs, when the intent of
such signs is advertising and not entertainment,
which shall not have adverse glare on adjoining
properties.
(e) Billboards.
(f) Business information sign.
(g) Can -type signs which incorporate translucent copy
and translucent background, provided, however,
that can -type signs with opaque background,
allowing only the copy to be illuminated, shall be
permitted.
(h) Changeable copy signs (including electronic
message boards), as defined (except as permitted
under a conditional use permit) for theaters,
entertainment facilities, amusement parks or for
23
hotel/motel complexes provided the site on which
the use is located is a minimum of six (6) acres
in area.
(i) Emitting signs.
(j) Exposed neon signs.
(k) Flashing or traveling light signs.
(1) Fluorescent colors on signs except for colors on
company symbols.
(m) Landscape signs. An arrangement of any plant type
(flowers, shrubs, etc.), which spells out words or
resembles a symbol or a figure shall not be
permitted.
(n) Magnetic signs.
(o) Off -premises or off-site directional signs, except
as permitted in Section 18.78.130.020.0201(b)(3).
(p) On-site directional guidance and on-site directory
signs which are not part of a coordinated
architectural, informational, directional and
regulatory sign system.
(q) Paper, cloth and plastic streamer signs, and
flags, banners and fixed balloons except as
otherwise permitted pursuant to Section 18.05.070
entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND
BALLOONS — GENERAL," of the Anaheim Municipal
Code.
(r) Painted signs on exterior walls.
(s) Pennants except as otherwise permitted pursuant to
Section 18.05.070 entitled "TEMPORARY SIGNS,
FLAGS, BANNERS AND BALLOONS—GENERAL," of the
Anaheim Municipal Code.
(t) Permanent "come-on" signs (e.g. "Sale Today,"
"Stop," "Look," "Going out of Business," etc.).
(u) Pole signs.
(v) Portable signs.
(w) Product advertising signs (e.g., soft drinks,
cigarettes, etc.).
24
(x) Roof signs.
(y) Rotating or revolving signs.
(z) Signs attached to trees or landscaping.
(aa) Signs projecting over or into the public right-of-
way except as otherwise expressly permitted
herein.
(bb) Statues utilized for advertising purposes.
(cc) Temporary signs except as otherwise expressly
permitted herein.
(dd) Replicas of official traffic control signs or
signs so similar as to be confusing or hazardous
to traffic.
(ee) Vehicle entrance or exit signs which incorporate
business name(s) or other advertising not in
compliance with Section 18.78.130.061(c) entitled
"INFORMATION, REGULATORY AND DIRECTIONAL (IRD)
SIGNS VISIBLE FROM THE PUBLIC RIGHT-OF-WAY" of
this chapter.
(ff) Vehicle signs (signs mounted or displayed on a
vehicle for advertising purposes) or the parking
or storage of advertising vehicles on public or
private property.
(gg) Wall signs located below the third (3rd) floor
level of a building and which signs are located on
a property adjacent to and visible from
residential properties.
(hh) Window signs, including neon signs and signs
painted on display windows with day-glo, or
temporary paint (other than permitted window
identification signs as defined in Section
18.78.130.0601(f) entitled "WINDOW
IDENTIFICATION SIGN" of this chapter.)
.0604 Sign Standard Matrices. In addition to all other
requirements contained in this chapter, permitted signs shall
comply with the provisions of Exhibit 7.Oa entitled "General Sign
Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign
Standards Matrix" as hereinafter set forth in this chapter and
the provisions of which are incorporated herein by this
reference."
25
SECTION 6 SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 7. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 8. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
26
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 19th day of March,
2002.
MAYbR OF E CITY OF NAHEIM
ATTEST:
2L.ddaM
CITY CLERIf OF THE CITY OF ANAHEIM
43599.3\SMANN
27
ATTACE ENT NO. 1
LEGAL DESCRIPTION
Pyrovest Parcels:
PARCEL 1:
THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH
585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM
THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT
BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE;
THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE 100.08
FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY
LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13'
22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75
FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00
13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF
FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF
SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
PARCEL 2:
BEGINNING AT A POINT SOUTH 0' 13' 22" EAST 15.03 FEET FROM
THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID
POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120
FEET WIDE; THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY
LINE 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO
THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET;
THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE
OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38"
EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO
A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET
WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY,
SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00
FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
1
Melodyland Parcels:
PARCEL A
THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE
SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION
22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THE WEST 720.00 FEET.
ALSO EXCEPT THE NORTH 60.00 FEET.
PARCEL B
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A
POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G.
JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102,
OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH
LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF
LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1,
1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE
NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED
TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG
THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING.
EXCEPT THE WEST 292.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF.
2
Hasenyager Parcel:
LOT 3 OF TRACT NO. 3330, IN
ORANGE, STATE OF CALIFORNIA,
BOOK 113, PAGES 21 AND 22 OF
ORANGE COUNTY, CALIFORNIA.
Zaby's Parcel:
THE CITY OF ANAHEIM, COUNTY OF
AS SHOWN ON A MAP RECORDED IN
MISCELLANEOUS MAPS, RECORDS OF
LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF
ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-
0359942, OFFICIAL RECORDS.
Berger Parcel:
LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Rist Parcel:
PARCEL 1:
THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER
OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET
TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER
OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE
G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102,
OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF
LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1,
3
1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH
ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00
FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE
NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING;
EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET;
ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN
KATELLA AVENUE, 120 FEET WIDE.
Parcel 2
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A
MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET
TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER
OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE
G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102,
OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF
LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1,
1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH
ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00
FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE
NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING.
EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN
KATELLA AVENUE, 120.00 FEET WIDE.
ALSO EXCEPT THEREFROM THE NORTH 315 FEET.
ALSO EXCEPT THEREFROM THE WEST 292 FEET.
City Parcel:
THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ai
Ursini Parcel:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH
00 16' 30", EAST 675.11 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER 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; THENCE NORTH 00 16' 30" WEST, 360.00 FEET
ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00
FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST
QUARTER; THENCE SOUTH 00 16' 30" EAST, 360.00 FEET PARALLEL
WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO
THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE
SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY
LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL
ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO.
782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A
CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS
INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS.
43599.3
5
CONDITIONS OF APPROVAL
The conditions of approval include all mitigation measures
and project design features included as part of Modified
Mitigation Monitoring Program No. 0067 (as modified October 8,
1996) for this project (as required by Section 21081.6 of the
Public Resources Code). For purposes of these conditions of
approval, the following terns are used:
INTRODUCTION
The conditions of approval for development in the Theme Park,
Hotel, Parking and Future Expansion Districts, District A and the
C-R Overlay include all mitigation measures and project design
features included as part of Modified Mitigation Monitoring
Program No. 0067 (as modified October 8, 1996) (as required by
Section 21081.6 of the Public Resources Code). The conditions of
approval for development in the Pointe Anaheim* Overlay include
all the mitigation measures including project design features
included as part of Modified Mitigation Monitoring Plan No. 004
(as modified 2002R-53) (as required by Section 21081.6 of the
Public Resources Code). For purposes of these conditions of
approval, the following terms are used:
A. Applicant: The Walt Disney Company, its successors and
assigns.
B. Property Owner/Developer: Any owner or developer of
real property within The Disneyland Resort Specific Plan Area,
including the C-R and Pointe*Anaheim Overlay Areas and District
A.
C. Disneyland Resort: The Disneyland Resort, including a
second gated theme park, modifications to the Disneyland Hotel, a
new Disneyland Administration Building, new hotels, entertainment
areas, internal transportation systems, and public parking
facilities in the Parking, Theme Park and Hotel Districts, and
the South Parking Area in the Future Expansion District. None of
the conditions of approval contained herein shall be required to
be implemented prior to issuance of any permits for or
construction of new structures, improvements, or other
modifications within the existing Dis-eyla.d Tr me Park.
D. Second Theme Park: A gated theme park planned south of
the existing Disneyland Theme Park.
PLANNING RELATED
27. That no development shall occur unless such development
is substantially in accordance with The Disneyland Resort
Specific Plan No. 92-1 document on file with the Planning
Department and marked Exhibit A, Amendment No. 4, and with
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1.
(It should be noted that Amendment No. 4 and Amendment No. 5 to
The Disneyland Resort Specific Plan No. 92-1 text and
accompanying exhibit changes relate to development which may
occur under the Pointe Anaheim Overlay only. These changes are
set forth in Ordinance No. 5689 and Ordinance No. 2002R-55.
Except as specifically set forth in said ordinances, all other
Disneyland Resort Specific Plan No. 92-1 provisions, including
those adopted in connection with Amendment No. 3 to The
Disneyland Resort Specific Plan (Ordinance No. 5580) and
Adjustments to The Disneyland Resort Specific Plan (Ordinance
Nos. 5613, 5736 and 5768), remain unchanged.
MISCELLANEOUS
76. That Final Site Plans required pursuant to Condition of
Approval No. 29 shall be supplemented with the following
plans/materials/information which shall be submitted as part of
the Final Site Plan application for each development phase (as
shown on Exhibit No. 1, titled "Phasing Diagram" and dated
November 19, 2001). All plans shall be fully -dimensioned and
drawn to scale.
A. A site plan showing all proposed project components of
the development phase including, but not limited to, all
buildings, landscape areas, parking areas, hardscape areas,
fountains/water features, works of art, and the adjacent street
improvements.
B. Preliminary Grading Plan for the development phase of
the Pointe Anaheim Overlay area, prepared by a registered civil
engineer as required by, and to the satisfaction of, the City
Engineer.
C. Elevation plans showing all views of each proposed
building.
D. Floor plans for each building and each level of the
parking garage (all parking spaces shall be dimensioned and the
total number of spaces on each level shall be shown on the plan).
E. Roof -top plans for each building showing all roof -top
equipment (roof -top equipment is required to be fully -screened by
the architecture of the building and painted in a color to match
the color of the roof). The roof -top plan of the parking
structure shall show City standard dimensioned parking spaces
2
and/or the hotel amenities which shall serve guests and patrons
of the Pointe Anaheim hotels only. The size, design and type of
any hotel amenity must be shown on the Final Site Plan. Building
addresses shall also be shown on the roof plan (the location and
dimensions of the address numbers shall be to the satisfaction of
the Police Department).
F. Landscaping plans showing all proposed planting
materials and the proposed landscape plant/tree palette (ten (10)
copies), 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. Colored renderings (one (1) full-scale set and ten (10)
reduced color copies) 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 under the
Pointe Anaheim Overlay), a colored rendering shall be provided to
illustrate the building elevation(s) facing that future phase.
I. 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.
J. Material and color boards to show the proposed
decorative paving materials for the interior courtyard areas of
the site and pedestrian gathering areas. The submitted plan
shall show the location and dimensions of any proposed pedestrian
walkways from the public sidewalk and from any adjacent existing
Pointe Anaheim development phase to the uses in the proposed
phase. The plan shall also show continuity of decorative paving
materials between the proposed development phase and any existing
development phase. 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.
K. Letter from the property owner/developer indicating how
the Final Site Plan is in compliance with The Disneyland Resort
Specific Plan Pointe Anaheim Overlay requirements and Conditional
Use Permit No. 4078, as amended.
3
L. That the lighting fixture plan shall include the style
of the fixtures which shall be compatible with the project theme.
M. That any existing adjacent development on the 29.1 acre
Pointe Anaheim 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),
lines -of -sight to the interior of the Pointe Anaheim project from
public rights-of-way and adjacent properties, etc.
N. 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 Pointe Anaheim uses, construction completed in accordance
with Pointe Anaheim uses, etc.) for the entire 29.1 -acre Pointe
Anaheim site.
0. That in connection with development in the 29.1 -acre
Pointe Anaheim Overlay, submittal of any Final Site Plan adjacent
to a development phase which is vacant or which is not developed
in accordance with Pointe Anaheim Overlay shall show that a
minimum ten (10) foot setback, fully landscaped, shall be
provided and maintained along the property line separating said
development phases.
P. That any portion of the 29.1 acre Pointe Anaheim
Overlay not developed in accordance with the Pointe Anaheim
Livestyle Retail and Entertainment Complex may be developed in
accordance with the underlying Disneyland Resort Specific Plan
Parking District (East Parking Area) requirements or the
underlying District A or C-R Overlay requirements, as set forth
in Chapter 18.78 of the Anaheim Municipal Code.
77. That in connection with submittal of the Final Site
Plan application for the Initial Development Phase (as shown on
Exhibit No. 1 titled "Phasing Diagram" and dated November 19,
2001), the property owner/developer shall submit a coordinated
signage program for the entire Pointe Anaheim project for
Planning Commission's review and approval as part of the Final
Site Plan application for said Initial Development Phase. The
signs for each subsequent development phase shall be included in
the Final Site Plan application for such subsequent phase, and
shall comply with the signage program approved by the Planning
4
Commission for the Initial Phase, as it may be amended from time
to time. The sign program shall, at a minimum, include the
following:
A. A sign theme/concept for the Pointe Anaheim project
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 Pointe Anaheim 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 Pointe
Anaheim 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 rights-of-way
at an equal elevation as the Pointe Anaheim property line
(measured at five (5) feet above the grade of the sidewalk on the
opposite side of the street from the Pointe Anaheim project)
except through the limited view corridors set forth in the Pointe
Anaheim Overlay (as shown on Exhibit 5.8.3.f.5, titled "Interior
Signage and Icon/Themed Signage Element Plan," of The Disneyland
Resort Specific Plan No. 92-1 document).
C. Sign criteria limiting interior wall signs from
projecting more than fifty percent (500) 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.
Such signs shall not be visible from the public rights-of-way at
an equal elevation as the Pointe Anaheim property line (measured
at five (5) feet above the grade of the sidewalk on the opposite
side of the street from the Pointe Anaheim project) except
through the limited view corridors set forth in the Pointe
Anaheim Overlay (as shown on Exhibit 5.8.3.f.5, titled "Interior
Signage and Icon/Themed Signage Element Plan," of The Disneyland
Resort Specific Plan No. 92-1 document).
D. Sign Criteria consistent with the adopted sign
regulations for the Pointe Anaheim Overlay.
E. Standards for maintenance and replacement of
damaged/broken signs and banners and installation and maintenance
of changeable sign copy, neon signage or electronic readerboards.
5
F. Prohibited signs include billboards; off -premises or
off-site directional signs; on-site directional guidance and on-
site directory signs (as defined in Chapter 18.78.130 of the
Anaheim Municipal Code pertaining to sign regulations for The
Disneyland Resort Specific Plan) which are not part of a
coordinated architectural, informational, directional and
regulatory sign system and which have not been approved under
subsection 18.78.105.020.0203(e) pertaining to conditionally
permitted uses in the Pointe Anaheim Overlay; paper signs;
permanent "come-on" signs (e.g., "sale today," "stop," "look,"
"going out of business," etc.); roof signs; vehicle signs
(signs mounted or displayed on a vehicle for advertising
purposes) or the parking or storage of advertising vehicles on
public or private property; or replicas of official traffic
control signs or signs so similar as to be confusing or hazardous
to traffic attached to or within the parking structure within the
project.
80. That prior to submittal of the Final Site Plan
application for Area A (as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the site plan
shall show that the driveway for Pointe Anaheim and the driveway
for the Super 8 Motel at 415 West Katella Avenue have 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.
81. That prior to submittal of the Final Site Plan
application for the Initial Phase of Development or for Area A
(as shown on Exhibit No. 1, titled "Phasing Diagram" and dated
November 19, 2001), whichever occurs first, the property
owner/developer shall submit a street improvement plan to the
Public Works Director for the installation of the ultimate public
right-of-way improvements on the north side of Katella Avenue
from Clementine Street to the first Pointe Anah im project
driveway west of Clementine Street to improve vehicular access to
the project. 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 issuance of the first final building and zoning
inspection, or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
occurs first.
82.a That prior to submittal of the Final Site Plan
application for Area C and/or Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall submit a street improvement plan
to the Public Works Director for the construction of a free
right -turn lane on the south side of Disney Way from the parking
garage driveway exit to Clementine Street (thirteen (13) foot
lane width) in order to improve outbound parking structure
operations. 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 issuance of the first final building and zoning
inspection, or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
occurs first.
82.b. That prior to submittal of the Final Site Plan
applications for Area C and Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall redesign the site plan adjacent to
the Disney Way improvements addressed in Condition No. 82a to
maintain the minimum building setbacks adjacent to Disney Way.
83. Deleted intentionally at the November 19, 2001 Planning
Commission public hearing.
84. A. That in connection with submittal of the Final
Site Plan application for each development phase, 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
Pointe Anaheim project (i.e., whether the parcels are owned,
leased, under negotiation, etc.).
B. That prior to the Planning Commission's review of Final
Site Plans for each development phase, a notice shall be mailed
to the property owners within a three hundred (300) foot radius
of the Pointe Anaheim Project site advising them of the Planning
Commission meeting.
85. That in connection with submittal of the Final Site
Plan application for each development phase, the property
owner/developer shall submit the anticipated construction
7
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.
86. That the Pointe Anaheim project will result in the
reconstruction (including relocation and realignment) of street
improvements (including, but not limited to, driveway approaches,
streetscape, landscape and bus stop improvements) along Katella
Avenue, Harbor Boulevard, Disney Way and Clementine Street. The
property owner/developer shall be responsible for all costs
associated with the preparation and processing of plans for these
street improvements and all costs associated with the
construction of the improvements to the satisfaction of the
Public Works Director.
A. Prior to approval of the Final Site Plan application
for each development phase (as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall submit a preliminary public right-of-way
improvement plan that addresses the proposed improvements. This
plan shall be consistent with the Anaheim Resort Identity
Program, the Anaheim Resort Public Realm Landscape Program and
the criteria and construction details that are shown on the
approved Katella Avenue and Harbor Boulevard improvement plans.
The preliminary plan shall be prepared to the satisfaction of the
Public Works Director and be reviewed and approved by the Public
Works Director prior to the approval of each Final Site Plan.
B. Prior to approval of the Final Site Plan application
for each development phase, the property owner/developer shall
submit a plan, as required by the Public Works Department for
review and approval by the Public Works Director, 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 Public Works
Director.
C. That prior to the first final building and zoning
inspection or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code for the
Initial Phase of Development, the property owner/developer shall
install the driveway on Disney Way to provide access to the
Pointe Anaheim Project, as required by the Public Works Director
and in conformance with City Engineering Standards.
D. Prior to issuance of the first building permit for each
development phase, the final plan for the street improvements
associated with the underlying development phase shall be
prepared to the satisfaction of the Public Works Director and be
reviewed and approved by the Public Works Director.
E. Prior to the first final building and zoning inspection
for each development phase, or prior to commencement of
activities/uses pursuant to Section 18.02.026.020 of the Anaheim
Municipal Code, whichever occurs first, the street improvements
associated with the underlying development phase as shown on the
approved plan shall be completed to the satisfaction of the
Public Works Director.
94. That in the event that the building shown in the middle
of the Harbor Boulevard view corridor on Exhibit 5.8.3.f.5
(titled "Interior Signage and Icon/Themed Signage Element Plan")
of The Disneyland Resort Specific Plan No. 92-1 document, is
destroyed or proposed to be removed for any reason, it shall be
replaced with the construction of an equivalent structure (same
size and dimensions shown on said Exhibit 5.8.3.f.5 and on
Exhibit No. 7 (titled "Elevations, West Elevation - Harbor
Boulevard," dated November 19, 2001) approved in connection with
this conditional use permit) in order to provide for the same
limited views of the interior signage in this view corridor.
Prior to approval of a demolition permit for said building, a
Final Site Plan showing the design of the replacement structure
shall have been reviewed and approved by the Planning Commission
and a building permit shall have been issued for the new
building. Construction of the new building shall commence
immediately following demolition of the said building. Prior to
issuance of a building permit for said building, an
unsubordinated covenant providing for the reconstruction,
approved by the Planning Department and in a form satisfactory to
the City Attorney, shall be recorded with the Office of the
Orange County Recorder. A copy of the recorded covenant shall be
submitted to the Planning Division of the Planning Department.
97. That approval of Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1 is contingent upon the approval and
adoption of General Plan Amendment No. 2001-393.
43879.1\SMANN
9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5807 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 26th day of February, 2002, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 19th day of March, 2002, by the
following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CI CLER OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
1 am a citizen of the United States and a resident
of the County aforesaid; 1 am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange. State of California, on
December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California; that the notice, of which the
annexed is a true printed copy, has been published
In each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates.. to wit:
March 28, 2002
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa .Ana, Orange County,
California, on
Date: March 28, 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
RECEIVED
This space is for the County Clerk's Filit�Sta A
M MAA 2q '}
DF�ITY OF CIANAHEIM�K
a
This ordinance amends various section of the A ishelm Mu-
nicipal Code pertainin__@to the Resort Specific
Plan. Section 18,78.
or
#* oft development
standards of Sedion 18.78.050 throygh .110; Section
18.78.040 describes the process for approval of to final alb
pplan; Section 18.78,1% errands Poir ft Anaheim Overlay
Corxlijiond Use and Structures; subsection .020 of Section
18.78.130 arneride sign regulations and ?=t 5 amends
Section 18.78.t3E1 emends busineae end identification S gra.
I, Sheryli Schroeder, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Ordinance
No. 5807 which ordinance was introduced at a regular most-
ing of the City Council of the City of Anaheim on the 28th
day of February, 2002 and was duly passedand adopted at
a regular meeting of said Council an the 19th day of March,
2002 by the following roll call vote of the members thereof:
AYES: Mayyor Daly, Council Members: Feldhaus, Kring,
MoCracken,Teit
NOES: Nora
ABSENT: None
The above summary is a brief description of the su tct mat-
ter contained in the text of Oftfinance ance No. 5807 Whichhas
been prepared pursuant to Section 512 of the Charter of the
C ty of Anaheim. This summary does not include or de-
scnbe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please con
tact the Office of the City Clerk, (714) 76&5156, h»twsen
8:00 AM end 5:00 PM, Monday Through Friday. Thera is no
charge for the copy,
Published: Anaheim Bulletin
March 28, 2002- 25-404 5099531
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange }
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of The Orange County Register, a
newspaper of general circulation , published in
the city of Santa Ana, County of Orange, and
which newspaper has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange , State of
California, under the date of November 19,
1905. Case No. A-21046, that the notice, of
which the annexed is a true printed copy, has
been published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
March 29, 2002
I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct':
Executed at Santa Ana, Orange County,
California, on
Date: March 29, 2002
`— Signa re
The Orange County Register
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
w4
w N
ANp q OAF THE
CITY ING f S EXA RRE-
C PLM NO.
92-1 AND CHAPTER 18.78
OFT ANAHEIM (-
Proof of Pubt pC u 0377
Ag� Y
AMEN D, IIC LY
(AMENDMENT NO. 5)
the
rl
tion 2 of the ordinance
amends aubeertign 020 of
Section 18.78.040 of the Ana-
heim Municipal Code relating
to Final Site Plan a pp-als.
Section 3 of the ordinance
M—=adds new Section 18.78.105
.- the Arrheim Municipal
Code ralatirry to
conditionally bled uses P* -
end develn
r standards. Section 4
of the ordinance emends
subsection 020 of Section
18.78.130 of the Anaheim Mu-
nicipal Code retating to sign
reegguhations. Section 5 of
ordinance arrferlde 090 of
Section 18.76 130 atthe Ana-
heNn MuntclpeJ Code
rerxi�
�
to permitted,
permitted, and prohibited
signs.
1, Sheryll Schroeder, City
Clark of the City of Anaheim;
do hereby certify that the
fore goMw is a surtxnt-y Of dinenoe 5807 evhlch
nance Was Introduced at a
regular meeting of the City
Council of the City of Ana-
heim on the 26th day of Feb-
ruary, 2002 and was duly
passed and adopted at a reg-
ular meeting of said Count
on the 18th day of March,
2002 by the following roll call
vote of the members thereof:
AYES: Mayor Dety, Council
Members: Feldhaue', Knng,
McCracken, Tait
NOES: None
ABSENT: None
The above summary is a
brief description of the sub -
led matter pontamad In the
text of Ordinance No. 5807
which has been prepared
pursuant m Section 512 of
iM Charter of the City of Ana-
heim. This summery does
not include or describe every
provision of the ordinance
andshould not be relied on
as a substitute for the full text
of the ordinance.
To obtain a copy of the full
text of the ordinance, please
contact the office
Clerk, (714) 765-5166,
be-
tween 6:00 AM and 5:00 PM,
Monday through Friday.
There is no charge for the
copy.
Publish:Or nge County Reg•
ister March 29, 2002
R800/51OWS
36'�