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2002-055RESOLUTION NO. 2002R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 AND AMENDING RESOLUTION NOS. 93R-146 AND 93R-147, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT NO. 5). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 93R-146 approving The Disneyland Resort Specific Plan No. 92-1 and Resolution No. 93R-147 approving Zoning and Development Standards with conditions of approval for Specific Plan No. 92-1 making certain findings in conjunction therewith pursuant to Chapter 18.93; and WHEREAS, on March 22, 1994, the City Council adopted Resolution No. 94R-41 amending Resolutions Nos. 93R-146 and 93R- 147 and making certain findings in conjunction therewith pursuant to Chapter 18.93 (Amendment No. 1); and WHEREAS, on June 13, 1995, the City Council adopted Resolution No. 95R-95 amending Resolution Nos. 93R-146 and 93R- 147, as previously amended, and making certain findings in conjunction therewith pursuant to Chapter 18.93 (Amendment No. 2); and WHEREAS, on October 28, 1996, the City Council adopted Resolution No.96R-177 amending Resolution Nos. 93R-146 and 93R- 147, as previously amended, and making certain findings in conjunction therewith pursuant to Chapter 18.93 (Amendment No. 3); and WHEREAS, on June 22, 1999, the City Council duly adopted Resolution No. 99R-135 amending Resolution Nos. 93R-146, 93R-147, and 95R-95, 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 making certain findings in conjunction therewith pursuant to Chapter 18.93 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 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 the 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 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 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 Mitigated 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 ithe 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. PC20011-159, as supplemented by Resolution No. PC2002-22, and the PlannLng 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 llth 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 Municiipal Code and did give notice thereof in the manner and as provideid 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 Counciil did hold a public hearing upon the Proposed Project Actions, notice of which hearing was given in the manner required by law; and WHEREAS, the City Council did hold and conduct said noticed public hearing on February 26, 2002 and did give all persons interested therein an opportunity to be heard anid did receive evidence and reports to consider the Addendum toi the Pointe Anaheim Mitigated Negative Declaration and Modifiied Mitigation Monitoring Plan No. 004 and the Proposed Proj!ect Actions; and WHEREAS, pursuant to the provisions of the Cailifornia Environmental Quality Act ("CEQA"), on February 26, 2002i, the City Council, by its Resolution No. 2002R-53, and based Upon the recitals and findings therein, determined (i) that the A~dendum to the Pointe Anaheim Mitigated Negative Declaration andi Modified Mitigation Monitoring Plan No. 004 were prepared in compiliance 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, after due consideration of Planning Commission Resolution No. PC2001-161, including all files, records, exhibits and plans pertaining to the application and the Planning Commission hearing which were made available to the City Council, and all evidence, testimony, and reports offered at the February 26, 2002, City Council hearing and the recommended additional conditions of approval recommended by staff, as indicated in the November 19, 2001, staff report, and at the public hearing, does hereby find as follows: 1. That the Pointe Anaheim Overlay, which is the subject of Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1, is uniquely sited adjacent to a Resort Smart Street (Katella Avenue), two major arterial highways (Harbor Boulevard and Disney Way) and one secondary arterial highway (Clementine Street) in the Anaheim ResortTM and encompasses ten parcels totaling 29.1 acres which would be enhanced by the consolidation of the parcels to develop the Pointe Anaheim project in accordance with the land use and site development standards of the Pointe Anaheim Overlay, as proposed to be amended; and 2. That as demonstrated in the General Plan Consistency submitted by the petitioner and described in Attachment B to the Staff Report to the Planning Commission dated November 19, 2001 (Amendment No. 5 to The Disneyland Resort Specific Plan," Section 6.0 ~General Plan Consistency), which is incorporated herein by this reference as though set forth in full, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 is consistent with the goals and policies of the General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2001-00393, and with the purposes, standards and land use guidelines therein, recognizing that to the degree that there are any inconsistencies between Attachment B and the project approvals, the project approvals prevail; and 3. That Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the Pointe Anaheim Overlay, as proposed to be amended, provides for the same types of land uses currently permitted or conditionally permitted by The Disneyland Resort Specific Plan No. 92-1 for the project site; that the Pointe Anaheim project includes the consolidation of several smaller parcels which is encouraged by the Specific Plan; that the Pointe Anaheim project will provide another venue for visitors to the area, which could result in longer stays for visitors to the Anaheim ResortTM; and that the Pointe Anaheim project will provide for the development of up to 634,700 gross square feet of retail/dining/entertainment uses, up to four hotels with 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), with the hotel rooms/suites and accessory uses encompassing a maximum of 1,370,711 gross square feet; and with parking facilities for up to 4,800 vehicles, which will be compatible with existing, approved and proposed visitor-serving uses in the surrounding Anaheim ResortTM area; and 4. That Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for visual enhancement of the Pointe Anaheim Overlay and the Anaheim ResortTM with the implementation of the Pointe Anaheim project and by fulfilling the goals and objectives of The Disneyland Resort Specific Plan by efficiently utilizing the project site to develop an integrated Lifestyle Retail and Entertainment Complex which will provide another venue for area visitors. The Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004 also address project-related environmental impacts and provide for the feasible mitigation of said impacts; and 5. That, in conjunction with the initial adoption of The Disneyland Resort Specific Plan on June 19, 1993, City Council adopted Resolution No. 93R-146 which included a detailed description of the Specific Plan's consistency with each of the above-noted findings; and that staff has reviewed and determined that Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 is consistent with the above-noted findings. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: That Amendment No. 5 to The Disneyland Resort Specific Plan includes the text and exhibits as set forth in Attachment A to Planning Commission Resolution No. PC2001-161, as amended by the information provided to the City Council at its February 26, 2002, City Council meeting. That Resolution Nos. 93R-146 and 93R-147, as previously amended, be, and the same is hereby amended to revise the introductory section to the Conditions of Approval and the Condition 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. BE IT FURTHER RESOLVED THAT, that Amendment No. 5 is intended to impact only the area subject to the Pointe*Anaheim Overlay and that, except as expressly amended herein, Resolution Nos. 93R-146 and 93R-147, as previously amended, and The Disneyland Resort Specific Plan No. 92-1, as previously amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of February, 2002. MAYO~ OF TH~L~I~Y OF AN~EIM ATTEST: CIT~ CLERKJOF T~E CITY OF ANAHEIM 43600.2\smann ATTACHMENT 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 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 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 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 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. Melod¥1and 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 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 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 THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby' s Parcel: 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 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. 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, 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 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN 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 4 FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN 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 0° 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 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 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. CONDITIONS OF A~PROVAL 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: assigns. The Walt Disney Company, its successors and 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 Disneyland Theme 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). Ail 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. 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. O. 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 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 (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. Such signs shall not be visible from the public rights-of-way at an equal elevation as the ?ointe Anaheim property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the ?ointe 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 $ignage Element Flan," 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 Anaheim 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 6 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 rsvi w 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 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 Pla~') 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 th sa_d 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. i\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 Resolution No. 2002R-55 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tail Kdng, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS' None ABSTAINED MAYOR/COUNCIL MEMBERS: None ABSENT:' MAYOR/COUNCIL MEMBERS: None (~ITY CLEI~K OF tHE CITY OF ANAHEIM (SEAL)