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RES-2011-121 RESOLUTION NO. 2011- 121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078, AS PREVIOUSLY AMENDED, INCLUDING CHANGES TO THE MIX AND ALLOCATION OF LAND USES, THE WAIVER OF MINIMUM NUMBER OF PARKING SPACES, THE CONDITIONS OF APPROVAL AND THE EXHIBITS. (DEV2010- 00166) WHEREAS, on June 22, 1999, the Anaheim City Council (hereinafter referred to as "City Council ") did, by its Resolution No. 99R -136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 565,000 gross square feet of retail /dining/entertainment uses; two to three hotels comprising 1,050 rooms /suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms /accessory uses would encompass a maximum of 923,800 gross sq.ft.) and an approximately 141,200 gross sq. ft. area on the top floor of the parking structure to be used to provide parking and /or hotel amenities serving guests and patrons of the Pointe Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24- screen movie theater with 4,757 seats; a 1,600,000 gross sq.ft. parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicles, which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross sq.ft. bus terminal /facility for airport transport and to /from sightseeing venues; and waiver of the minimum number of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with provision for an additional 400 vehicles which would bring the total number of vehicles that can be accommodated in the parking structure to 5,200); with development of the project to take place in a single phase, on that certain real property located within the Anaheim GardenWalk Overlay, of The Disneyland Resort Specific Plan No. 92 -1, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, on February 26, 2002, the City Council did, by its Resolution No. 2002R -57, amend Conditional Use Permit No. 4078 to pennit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of retail /dining/entertainment uses (which includes a 94,000 sq.ft. 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 sq. ft. of related accessory uses, of which up to 178,120 gross sq. ft 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 sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped parking spaces and 15 bus spaces with a 10,200 sq. ft. bus tenninal /facility for airport transport and to /from sightseeing venues; with the proposed development taking place in up to five phases; -1- and, with a waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800 spaces proposed at full project build -out); and WHEREAS, on December 14, 2004, the City Council did, by its Resolution No. 2002R -253, amend Conditional Use Permit No. 4078, to extend the date by which the developer must commence construction of the Initial Phase of Development (from within 3 years after February 26, 2002 to February 26, 2006) and to reflect the name of the new owner (Anaheim GW, LLC); and WHEREAS, on December 12, 2005, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did, by its Resolution No. PC2005 -160, amend Conditional Use Permit No. 4078, to extend the date by which the developer must commence construction of the Initial Phase of Development (from February 26, 2006 to February 26, 2007); and WHEREAS, on April 11, 2006, the City Council did, by its Resolution No. 2006- 063, amend Conditional Use Permit No. 4078, to modify the Anaheim GardenWalk project (formerly Pointe Anaheim Lifestyle Retail and Entertainment Complex) to permit the following: 569,750 gross square feet of retail /dining/entertainment uses, including movie theaters; 1,628 hotel rooms (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 with a 10,200 sq. ft. bus terminal /facility; and with a waiver of the minimum number of parking spaces (6,984 spaces required, up to 4,800 spaces proposed at full project build -out); and WHEREAS, the retail, dining and entertainment uses and associated parking facilities for Anaheim GardenWalk have been subsequently developed in accordance Conditional Use Permit No. 4078 within a three -story concourse featuring landscaping, fountains, and seating areas. Tenants include a mix of general purpose merchandise stores; full- service restaurants; specialty and walk -up /fast food establishment; bar /nightclubs; a 14- screen movie theater; a 20,000- square foot fitness facility; and a 44 -lane bowling facility. The concourse structure also includes back -of -house areas such as management and security offices, service corridors, utility rooms, and loading areas. The constructed parking facilities include a multi -level parking garage with 2,606 parking spaces and a transportation center with parking for 15 buses. In addition, a concierge /ticket service and Police substation are located on the ground floor; and WHEREAS, on September 27, 2010, Peter Houck, as authorized agent for Katella Anaheim Retail, LLC, submitted an application for an amendment Conditional Use Pen No. 4078, designated as Conditional Use Permit No. 4078E; and WHEREAS, the amendment to Conditional Use Permit No. 4078 is proposed in conjunction with General Plan Amendment No. 2008 - 00481; Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 (Specific Plan Amendment No. 2010- 00061); Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01; and an amendment to Final Site Plan No. 2006 -00002 (hereinafter referred to collectively as the "Proposed Project Actions "); and -2- WHEREAS, although the current permitted development intensity allows up to 439,600 square feet of retail, dining and entertainment uses within Development Area A, as indicated on the approved Final Site Plan; the applicant has identified approximately 460,115 square feet of existing building space that could be leased to accommodate retail, dining and entertainment uses. The additional 20,515 square feet of potential retail, dining and entertainment space reflects a reclassification of a limited amount of back -of- house, circulation, food court common area and bus terminal /facility area; and, updated as -built drawings demonstrating that the existing retail, dining and entertainment square footage is slightly larger than previously indicated on the approved Final Site Plan; and WHEREAS, the proposed amendments would modify the conditions of approval previously approved by City Council Resolution No. 2006 -063, as indicated in Exhibits "B" attached hereto and incorporated herein by this reference; and WHEREAS, the proposed amendment would update Conditional Use Permit No. 4078 to revise and consolidate the Project Description and Project Summary and update Exhibits 3A -3C (floor plans for building levels 1 -3) to reflect the proposed mix and allocation of land uses and project layout, as more particularly shown in Exhibits "C" and "D" attached hereto and incorporated herein by this reference; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2011, at 5:00 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 18.60 "Procedures ", to hear and consider evidence for and against said amendment to Conditional Use Permit No. 4078 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2011 -055 containing a report of its findings, a summary of the evidence presented at said hearing, and did approve the proposed amendment to Conditional Use Permit No. 4078; and WHEREAS, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the Planning Commission; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and all additional evidence and reports offered at said public hearing before the City Council, the City Council does hereby find and detennine, with respect to the request for an amendment to said conditional use permit, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: 1. That the proposed amendment to Conditional Use Permit No. 4078, in its entirety, including amending the conditions of approval, is properly one that is authorized by Anaheim Municipal Code Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional Use Permits); -3- 2. That the use, as amended in its entirety, is authorized by the Anaheim Municipal Code; 3. That the use, as amended in its entirety, which is substantially similar to the previously proposed land use, will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; 4. That the size and shape of the site proposed for the use, as amended in its entirety, is adequate to allow full development of the use in a manner not detrimental to the particular area or to health and safety of the citizens of Anaheim; 5. That the proposal includes waiver of minimum number of parking spaces to reflect the Anaheim GardenWalk project, as proposed to be modified: Sections 18.42.040.010 Minimum number of parking spaces: and 18.114.110.010.0104 (7,198 required; 4,800 total in Areas A and B proposed) 6. That the waiver of minimum number of parking spaces is hereby approved on the basis of the information 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 (hereinafter referred to as the "Traffic Study "), which included a parking analysis that determined that the peak parking demand for build -out of the Anaheim GardenWalk Overlay (Development Areas A and B) to be 3,793 spaces at 8:00 PM; and, therefore could be accommodated by the proposed 4,800 parking spaces in Areas A and B. Additionally, the Traffic Study determined that the currently constructed parking facilities, which include 2,606 striped parking spaces, would accommodate the peak parking demand for the proposed retail, dining and entertainment uses within Area A and would provide a surplus of at least 339 parking spaces at all hours of the day. Furthermore, upon the future construction of the hotels within Area A, valet parking will be used as needed to accommodate a shortfall of 42 parking spaces between the parking spaces that are proposed to be constructed (3,200 parking spaces) within Area A and the projected peak demand of the hotel and retail, dining and entertainment uses at 8:00 p.m. (3,242 parking spaces). The applicant has submitted a conceptual valet parking plan that indicates areas of the parking facility that can be used for valet parking to accommodate an additional 204 parking spaces. This valet plan provides for a total of 3,404 parking spaces, a 5% margin on top of the projected peak parking demand; 7. That on- street parking is not provided on any of the streets in the immediate vicinity of the proposed project, so visitors to the project would not expect to park on the street; that visitors will park in the on -site parking structures provided at the Anaheim GardenWalk project; and that, therefore, the waiver will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Anaheim GardenWalk project; 8. That, as demonstrated in the Traffic Study, the Anaheim GardenWalk parking structure will provide adequate spaces to meet the project's parking demands on -site, so the -4- waiver will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Anaheim GardenWalk project; 9. That on -site circulation in the parking structure will be designed to minimize congestion on -site and that within sixty (60) days of the approval of this conditional use permit, the property owner or his/her designee will 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 will 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 crime within 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. Therefore, the waiver will not increase traffic congestion within the off - street parking areas or lots provided for such use; 10. That City's Traffic and Transportation Manager has reviewed the Traffic Study and determined that the proposed Anaheim GardenWalk driveway entry and exit locations are appropriate for the project site; and that with the installation of a right -turn lane on the south side of Disney Way and installation of dual left turn lanes prior to development of Area B for west -bound traffic along Disney Way to the signalized project entry between Harbor Boulevard and Clementine Street, the waiver, pursuant to the mitigation measures set forth in Modified Mitigation Monitoring Program No. 004a, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the use, as proposed to be modified; 11. That the proposal is consistent with the goals and policies of the Anaheim General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2010- 00481, and with the purposes, standards and land use guidelines therein; 12. That as demonstrated in the findings for approval of Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 (SPN2010- 00061), which proposes to amend the specific plan to reflect the modification in the allocation of land use to reflect the proposed project, the proposed Anaheim GardenWalk uses will not adversely affect the adjoining land uses and the growth and development of the area in which said uses are proposed to be located; 13. That inasmuch as the Anaheim GardenWalk project is proposed to be developed in accordance with the zoning and development standards set forth for the Anaheim GardenWalk Overlay, as proposed for amendment pursuant to Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1, the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; 14. That as demonstrated in the Traffic Study, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; -5- 15. That granting this conditional use permit, under the conditions of approval herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 16. That this conditional use permit entitles the uses, maximum gross square footage and conceptual site plans and elevations associated with the Anaheim GardenWalk project, as set forth in Code Section No. 18.114.105.030 (Anaheim GardenWalk Density) of The Disneyland Resort Specific Plan No. 92 -1, as proposed for amendment; and that detailed Final Site Plans are required to be submitted for Planning Commission review and approval as "Reports and Recommendations" items prior to approval of the first grading plan or subdivision plan or prior to issuance of the first building permit, whichever occurs first, for each development phase; and 17. That, with regards to the provision of vacation ownership resort units as part of this conditional use permit, that there are adequate visitor - serving facilities in the City and that the proposed number of vacation ownership resort units will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities. WHEREAS, the City Council has reviewed the Proposed Project Actions, including Conditional Use Permit No. 4078E, and does find and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for the amendment to Conditional Use Pen No. 4078 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Anaheim, for the reasons hereinabove stated, does hereby approve the amendment to Conditional Use Pen No. 4078, with a waiver of minimum number of parking spaces. BE IT FURTHER RESOLVED that the City Council does hereby amend and restate the conditions of approval adopted in connection with Resolution No. 99R -136 approving Conditional Use Permit No. 4078, as previously amended, to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 99R -136, as amended, shall remain if full force and effect. -6- BE IT FURTHER RESOLVED that this application is granted subject to the approval by the City Council of General Plan Amendment No. 2010- 00481, Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 (Specific Plan Amendment No. 2010 - 00061); Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01; and the amendment to Final Site Plan No. 2006 - 00002, now pending. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of August , 2011, by the following roll call vote: AYES: Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: 9.4,„-- AYOR O THE CITY OF ANAHEIM PRO TEM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 85186.v1 /MGordon -7- EXHIBIT "A" DEV2010 -00166 APNs: 082 - 551 -08 082- 271 -10 082- 551 -01 082 - 551 -06 082- 551 -04 082 - 551 -05 – 082 - 551 -07 082 - 551 -10 082 -551 -12 082 - 271 -09 082- 551 -11 082- 551 -03 W 082- 551 -09 082 - 551 -02 — W DISNEY WAY 1,490' r immlimmielmse 7 O co co cc co o Q o 224' m N rY � In a —p- M 773.51' 224' i l _ I u7 � 708' W KATELLA AVE so Source: Recorded Tract Maps and /or City GIS. �r . v Please note the accuracy is +/- two to five feet. Feet 11121 -8- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 4078E (DEV2010- 00166) REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY Conditions from City Council Resolution No. 2006 -063 that are proposed to be modified (deletions are shown in sail cthieugh; additions are shown in bold and underline) 34 That in connection with submittal of the first Final Planning Plan for Area A the property owner /developer g 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 right -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) except through the limited view corridors set forth in the Anaheim GardenWalk Overlay as -9- Chown on Exhibit 5.8.3.f.5, titled "Interior Signagc and Icon/Thcmcd Signagc Element 91 2 document). 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. 35 Prior to issuance of building permits for the retail Planning 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. 5.8.3.f.5 of The Disneyland Resort Specific Plan No 91 2 and 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, -10- 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 36 That prior to issuance of each sign permit the property owner /developer /tenant shall submit a letter and plans demonstrating that the sign plans conform with the comprehensive sign program approved by the Planning Commission and with the business identification sign locations for Disney Way and Katella Avenue as depicted in Exhibit Nos. 5.8.3.f.6, 5.8.3.f.7, and 5.8.3.f.8 of The Disneyland Resort Specific Plan No 91 2. 42 That the subject property shall be developed in Planning 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. 69 That granting of the parking waiver is contingent planning 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 Anahcim GardenWalk Transportation Analysis Updated, dated February 26, 2006, 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 Anahcim GardcnWalk Transportation Analysis Update dated February 28, 2006 Transportation Analysis Update prepared by Iteris, Inc for the Addendum -11- to the Pointe Anaheim Initial Studv /Mitigated Negative Declaration Anaheim GardenWalk Proiect, 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. 72 That the Anaheim GardenWalk project shall be Planning developed in accordance with thc following provisions, as set forth in Development Agreement No. 99 -01, as amended_: A. Thc property owncr /dcvcloper shall obtain approval of Final Sitc Plans, obtain thc appropriate building and other permits, and commence construction of thc retail and parking facility components of the Initial Phase (Area A) on or before February 26, 2007. B. Thc property owncr /dcvcloper shall complete thc construction of and opcn thc retail and parking facility components of the Initial Phase within a period of two (2) years after commencement of construction of thc Initial Phase. C. The property owncr /dcvcloper shall obtain approval of Final Site plans, obtain the appropriate building and othcr permits, and commence construction of anyone of the three hotels proposed in Ara A within four years of the effective date of D. The property owncr /dcvcloper shall obtain approval of Final Site Plans, obtain the appropriate building and othcr permits, and commence construction of each of the remaining project elements within Area A (including the two - - . - - - . . ation ownership resort) at twenty four (21) month intervals after commencement of construction of the immediately prior project clement and complete construction and open for busincss no later than twenty four (21) months after commencement of construction of that project clement. 73 That approval of this conditional use permit is Planning upon the approval and adoption of g General Plan Amendment No. 2-00-5-00440 2010- 00481 and Amendment No. 6--8 to The Disneyland Resort Specific Plan No. 92 -1. -12- That-i3i4er-4e4ssuancc of any permit by the City of 76 - -- . . .. - - - - - Planning the Anaheim GardenWalk projcct, all pre existing land uscs, buildings and structures on the property underlying said development phase(s) shall have been removed; and that thc property permits from thc City for the removal or demolition of such buildings or structures. In no event shall any land use, building, structure and /or other improvement approved in connection with the to pre existing land uses and /or structures. New Conditions 83 The owner /manager for any ABC licensed location Police 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. 84 Within sixty (60) days of the approval of Police 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 on -going basis. 85 Within sixty (60) days of the approval of Police 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 -13- 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. 86 Following the issuance of a Certificate of Planning 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. -14- EXHIBIT "C" Revised and Consolidated Project Description /Project Summary The narrative and tables below are intended to replace the existing Project Description and Project Summary in their entirety. The Anaheim GardenWalk project is located within the Disneyland Resort Specific Plan in The Anaheim Resort, City of Anaheim, California. The irregularly- shaped project site consists of approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713 -1717 South Clementine Street). The project site is currently developed with a three -story concourse featuring landscaping, fountains, and seating areas. Tenants include a mix of general purpose merchandise stores; full - service restaurants; specialty and walk -up /fast food establishment; bar /nightclubs; a 14- screen movie theater; a 20,000- square foot fitness facility; and a 44 -lane bowling facility. The concourse structure also includes back -of -house areas such as management and security offices, service corridors, utility rooms, and loading areas. The constructed parking facilities include a multi -level parking garage with 2,606 parking spaces and a transportation center with parking for 15 buses. In addition, a concierge /ticket service and Police substation are located on the ground floor. The following actions will be considered as part of the request to amend existing entitlements for the previously- approved project: amend the City of Anaheim General Plan Land Use element, Table LU -4; General Plan Density Provisions for Specific Areas of the City; amend the Disneyland Resort Specific Plan (SP 92 -1), including zoning and development standards; amend Conditional Use Permit No. 4079; modify the previously approved waiver of minimum number of parking spaces; amend Development Agreement No. 99 -01: and, amend Final Site Plan No. 2006 - 00002. hnplementation of the proposed project would allow development of 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and, 4,800 parking spaces. A comparison between the originally - approved, currently- approved and the proposed project is shown in Table 1. The project includes two development phases. The first phase includes the development of approximately 20.3 acres of the project site (Area A on the Location Map) with 460,115 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,266 hotel rooms (including up to 400 vacation ownership units) and 216,820 square feet of hotel accessory uses, a transportation center, and 3,200 parking spaces. See Table 2 for approved and proposed development intensities for Area A and Table 3 for proposed development intensities by floor. The remaining 8.8 acres (Area B on the Location Map) would be developed as a subsequent phase with up to 130,150 square feet of specialty retail, restaurants, and entertainment uses, 362 hotel rooms (including up to 100 vacation ownership units) and 61,997 square feet of hotel accessory uses, and 1,600 parking spaces. See Table 4 for approved development intensities for Area B. -15- Table 1: Original, Approved and Proposed Development Intensities Areas A and B Combined Original Currently Approved Proposed Project (gross square feet unle (gross square feet unle ` (gross square feet unle Land Use otherwise noted) otherwise noted) otherwise noted) Hotels Number 2 or 3 hotels 4 hotels 4 hotels Rooms 1,050 rooms 1,628 rooms 1,628 rooms Hotel Accessory Uses 86,985 278,817 278,817 Retail /Dining /Entertainment (RDE) Specialty Retail 335,000 389,850 248,033 Dining 140,000 113,900 163,988 Entertainment 90,000 66,000 178,244 Total RDE 565,000 569,750 590,265 Parking 1,600,000 1,949,800 1,949,800 Structured /Covered Parkir 4,800 auto spaces 4,800 auto spaces 4,800 auto spaces 25 bus spaces 15 bus spaces 15 bus spaces Bus Terminal /Facility 21,600 10,200 7,700 Roof Top Family 141,200 0 0 Entertainment Center Table 2: Approved and Proposed Development Intensities for Area A Approved Proposed Difference (gross square feet (gross square feet (gross square feet unless otherwise unless otherwise unless otherwise Land Use noted) noted) noted) Hotels Number 3 hotels 3 hotels 0 1,266 rooms (including 1,266 rooms (including Rooms up to 400 vacation up to 400 vacation 0 ownership units) ownership units) Hotel Accessory Uses 216,820 216,820 0 Retail /Dining /Entertainment (RDE) Specialty Retail 275,500 133,683 - 141,817 Dining 98,100 148,188 50,088 Entertainment 66,000 178,244 1,716,441 Total RDE 439,600 460,115 20,515 Parking Structured /Covered 1,299,867 1,299,867 Parking 3,200 auto spaces 3,200 auto spaces 0 15 bus spaces 15 bus spaces Bus Terminal /Facility 10,200 7,700 -2,500 -16- Table 3: Area A Retail, Dining and Entertainment (RDE) Uses and Transportation Center /Office Facilities by Floor Level 1 Level 2 Level 3 Total (gross square (gross square (gross square (gross square Land Use feet) feet) feet) feet) Retail, Dining and 74,647 240,562 144,906 460,115 Entertainment Transportation 2,576 0 0 2,576 Center /Office Facilities Table 4: Approved Development Intensities for Area B (No Changes Proposed) Land Use Approved (gross square feet unless otherwise noted) Hotels Number 1 hotel Rooms 362 rooms (including up to 100 vacation ownership units) Hotel Accessory Uses 61,997 Retail /Dining /Entertainment (RDE) Specialty Retail 114,350 Dining 15,800 Entertainment 0 Total RDE 130,150 Parking Structured /Covered 649,933 Parking 1,600 auto spaces 0 bus spaces Bus Terminal /Facility 0 -17- EXHIBIT "D" Revised Floor Plans for Levels 1 -3 Exhibits 3A -3C, Attached -18- ar M g +., a i a. ° 1 g WO ...c „ - c Y 4 3 X g, I W t e . , 5.i La t Th DISNEY WAY / - I\ CC ` /7 1. 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