Resolution-PC 2016-084RESOLUTION NO. PC2016-084
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4078, DESIGNATED AS
CONDITIONAL USE PERMIT NO. 4078H, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.
(CONDITIONAL USE PERMIT NO. 4078H)
(DEV2010-00166H)
(321 WEST KATELLA AVENUE AND 400 WEST DISNEY WAY)
WHEREAS, on June 22, 1999, the Anaheim 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; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No.
2002R-57, amend Conditional Use Permit No. 4078 to permit 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 terminal/facility for airport transport
and to/from sightseeing venues; with the proposed development taking place in up to five phases;
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
- 1 - PC2016-084
WHEREAS, on December 12, 2005, the Planning Commission, by its Resolution No.
PC2005-160, approved an amendment to 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,
approve an amendment to 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, on September 27, 2010, pursuant to Chapters 18.66, 18.68, 18.72 and
18.114 of the Anaheim Municipal Code (the "Code"), Peter Houck, as authorized agent for
Katella Anaheim Retail, LLC, submitted applications for General Plan Amendment No. 2010-
00061, Amendment No. 8 to The Disneyland Resort Specific Plan, Amendment No. 3 to the
Second Amended and Restated Development Agreement No. 99-01 by and between the City and
Katella Anaheim Retail, LLC, and amendments to Conditional Use Permit No. 4078 and Final
Site Plan No. 2006-00002, all of which applications pertain to the Anaheim GardenWalk
Overlay of The Disneyland Resort Specific Plan, the location of which is generally depicted on
the map attached hereto as Exhibit A; 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 August 16, 2011, the City Council, by its Resolution No. 2011-121,
approved 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; and
WHEREAS, on January 11, 2016, the Planning Commission, by its Resolution No.
PC2016-001, approved an amendment to Conditional Use Permit No. 4078, as previously
amended, to revise the Coordinated Signage Program for the Anaheim GardenWalk project to
permit electronic message boards for certain qualified land uses subject to the approval of a
conditional use permit; and
- 2 - PC2016-084
WHEREAS, the Planning Commission did receive a verified petition for approval of (1)
Adjustment No. 10 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) (herein referred to
as "Adjustment No. 10") to permit an increase in the height of "icon/themed signage elements"
for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet, and (2) an
amendment to Conditional Use Permit No. 4078 (designated as "Conditional Use Permit No.
4078H") to permit an amendment to the Coordinated Signage Program for the Anaheim
GardenWalk project that will permit a fourth Major Business Identification Sign on the north
building elevation, facing Disney Way, and an icon/themed signage element, specifically a water
tower with two painted logos on the roof of the building, adjacent to Disney Way; and
WHEREAS, "icon/themed signage elements", as defined in subparagraph .05 of
paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification
Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific
Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code,
are permitted for a use approved for the Anaheim GardenWalk project subject to the approval of
an amendment to Conditional Use Permit No. 4078 or approval of a separate conditional use
permit; and
WHEREAS, rather than a separate conditional use permit, staff recommends that an
amendment to the Coordinated Sign Program of Conditional Use Permit No. 4078 be approved
that will permit an additional Major Business Identification Sign and an icon/themed signage
element for the Anaheim GardenWalk project; and
WHEREAS, Adjustment No. 10 and Conditional Use Permit No. 4078H shall be referred
to herein collectively as the "Proposed Project"; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 17, 2016 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 Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project,
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this Planning Commission has found and
determined and has recommended that the City Council so find and determine that the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA pursuant to Section 15311 of the CEQA Guidelines; and
- 3 - PC2016-084
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission recommended that the City Council
approve Adjustment No. 10 to permit an increase in the height of "icon/themed signage
elements" for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing pertaining to the request for an amendment to the Conditional Use Permit No. 4078,
does find and determine the following facts:
1. The request to amend Conditional Use Permit No. 4078 to revise the Coordinated
Sign Program that will permit an additional Major Business Identification Sign and an
icon/themed signage element for the Anaheim GardenWalk project is authorized under
subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection .060
(Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114
(Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of
Title 18 (Zoning) of the Code;
2. Upon approval of Adjustment No. 10 by the City Council and adoption of Zoning
Code Amendment No. 2016-00134, now pending, the request to amend Conditional Use Permit
No. 4078 to revise the Coordinated Sign Program and permit an additional Major Business
Identification Sign and an icon/themed signage element will not adversely affect the surrounding
land uses and the growth and development of the area, with the implementation of the conditions
of approval and, will conform with the height limitation authorized under subparagraph .05 of
paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification
Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific
Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code;
3. The size and shape of the site is adequate to allow the full operation of the proposed
uses in a manner not detrimental to the particular area or to the health, safety and general welfare
of the public because no expansion to the development is proposed;
4. The traffic generated at the site would not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because no expansion to the
development is proposed; and
5. The granting of the amendment to Conditional Use Permit No. 4078 under the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will support a land use that is compatible with the surrounding area.
6. Signs shall complement the architecture of the buildings on the same property and
provide a unifying element along the streetscape; and
7. The size, scale and style of signs shall be internally consistent and consistent with the
scale of the buildings located on the same property and the surrounding land uses.
- 4 - PC2016-084
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW THEREFORE BE IT RESOLVED, pursuant to the above findings and based upon
a thorough review of proposed Conditional Use Permit No. 4078H and the evidence received to
date, the Planning Commission does hereby approve Conditional Use Permit No. 4078H,
contingent upon and subject to approval of Adjustment No. 10 and the adoption of Zoning Code
Amendment No. 2016-00134, now pending, it being understood that Adjustment No. 10 and
Zoning Code Amendment No. 2016-00134 may be approved or denied by the City Council in its
sole discretion.
BE IT FURTHER RESOLVED that, effective upon the effective date of Zoning Code
Amendment No. 2016-00134, the conditions of approval set forth in Exhibit B attached hereto
and incorporated herein by this reference (the "Revised Conditions of Approval") for Conditional
Use Permit No. 4078, including all amendments thereto adopted prior to the adoption of this
Resolution, shall control and govern Conditional Use Permit No. 4078, as amended previously
and further amended by Conditional Use Permit No. 4078H.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
Conditional Use Permit No. 4078H, are hereby found to be a necessary prerequisite to the
proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
those conditions of approval that relate to Conditional Use Permit No. 4078H may be extended
or modified by the Planning Director upon a showing of good cause provided (i) equivalent
timing is established that satisfies the original intent and purpose of the condition(s), (ii) the
extension or modification complies with the Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission 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 condition, 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.
- 5 - PC2016-084
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 4078H
constitutes approval of the proposed request only to the extent that it complies with the 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 was adopted at the Planning Commission meeting of
October 17, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2016-084
EXHIBIT "A"
DEV NO. 2010-00166H
APN: 082-551-01
082-551-02
082-551-03
082-551-04
082-551-05
082-551-06 W DISNEY WAY
082-551-07 74' °' 186
543'
082-551-11
LnM
N
:4 208'
n
Lo
in
O
M w
Z
Z
113' w
195'
V
t/1
N
Ln
N
tn
695'
W KATELLA AVE
o so ioo Source: Recorded Tract Maps and/or City GIS
OFeet
Please note the accuracy is +/- two to five feet.
- 7 - PC2016-084
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 (CUP4078H)
(DEV2010-00166H)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1.
Prior to issuance of each building permit, unless records indicate previous payment, a fee
Public Utilities
for street lighting purposes shall be paid to the City of Anaheim based on the length of
street frontage in an amount as established by City Council resolution with credit against
the fee given for city -authorized improvements installed by the property owner/developer.
2.
Prior to approval of street improvement plans, pedestrian walkway lighting plans in the
Public Utilities
public rights-of-way shall be reviewed and approved by the Public Utilities Department,
Electrical Services Division, and the Police Department.
3.
Prior to issuance of each building permit, whichever occurs first, public utility easements
Public Utilities
("PUE's") shall be recorded and/or abandonment of PUE's shall be processed to the
satisfaction of the Public Utilities Department for the following circumstances:
A. As a result of increases in rights-of-way, where electrical and communication facilities
are located adjacent to the existing right-of-way, the facilities shall be either located
within the new right-of-way or relocated to new adjacent areas, requiring a PUE.
B. The undergrounding of power and communication lines along the major streets will
result in the need to obtain PUE's for placement of pad mounted equipment and related
facilities required as a result of the overhead to underground conversion work.
C. Alterations to existing private buildings and/or construction of new structures
(buildings, signs, landscaping elements, etc.) may require relocation of existing
electrical and/or communication facilities. This will require abandonment of existing
PUE's and recordation of new PUE's to accommodate such relocation.
4.
A. Prior to approval of street improvement plans, roadway lighting of all public streets
Public Utilities
shall be designed in accordance with the Anaheim Resort Identity Program and
associated construction specifications to the satisfaction of the Planning Department,
Planning Services Division and the Public Works Department.
B. Prior to approval of street improvement plans, unless records indicate previous
payment, the property owner/developer shall pay or cause to be paid all costs
associated with replacing the existing City of Anaheim street light system within the
public rights-of-way adjacent to or within The Disneyland Resort Specific Plan Area
with street lights designed in accordance with the Anaheim Resort Identity Program to
the satisfaction of the Public Utilities Department, Electrical Services Division.
5.
Prior to approval of tentative tract or parcel maps, the following street design elements
Public Works
shall be shown on each tentative tract or parcel map to the satisfaction of the Department
of Public Works:
A. Street cross-sections, including dimensions, labels, General Plan Circulation Element
designation (i.e., Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
- 8 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6.
Prior to approval of each final tract or parcel map, vehicular access rights to all public
Public Works
streets adjacent to subject tract or parcel, except at approved access points, shall be
released and relinquished to the City of Anaheim, to the satisfaction of the Department of
Public Works.
7.
Prior to approval of each street improvement plan, the following shall be provided for a
Public Works
one (1) year maintenance period (commencing at completion of final building and zoning
inspections), in a manner acceptable to the Department of Public Works:
A. Public Realm parkway and median island landscaping and irrigation maintenance.
(The "Public Realm" is described in subsection 5.3 "Landscape Concept Plan" of
Section 5.0 "Design Plan" of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in accordance with landscaping plans in
a timely manner in the event that it is removed, damaged, diseased and/or dies.
8.
All engineering requirements of the City of Anaheim, including preparation of
Public Works
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or
other appurtenant work shall be complied with as required by the Department of Public
Works and in accordance with specifications on file in the Office of the City Engineer, as
may be modified by the Department of Public Works; and that security in an amount and
form satisfactory to the Department of Public Works, shall be posted with the City to
guarantee the satisfactory completion of said improvements. Said security shall be posted
with the City prior to the issuance of building permits or prior to approval of a final
subdivision map to guarantee the installation of the related improvements prior to final
building and zoning inspections.
9.
Prior to issuance of building permits, the property owner/developer shall ensure to the
Fire
satisfaction of the Fire Department that an all-weather road/driving surface shall be
provided from the roadway system to and on the construction site and to fire hydrants at
all times, before building materials are placed on a building site. Such routes shall be
paved or, subject to approval of the Fire Department, shall otherwise provide adequate
emergency access.
10.
Prior to issuance of grading and building permits, the property owner/developer shall
Fire
ensure that all lockable pedestrian and/or vehicular access gates shall be equipped with
"knox box" devices as required and approved by the Fire Department.
11.
Prior to approval of on-site water plans, unless each commercial building is initially
Fire
connected to separate fire services, an unsubordinated covenant satisfactory to the City
City Attorney
Attorney's Office shall be recorded prohibiting any individual sale of buildings until
separate fire services are installed in the building(s) subject to the sale.
12.
Prior to approval of landscape plans for any areas within seven (7) feet of public
Public Works
sidewalks, unless determined unnecessary by the Department of Public Works, root and
sidewalk barriers for trees (with the exception of palm trees) shall be shown on said
landscape plans. Prior to final building and zoning inspection, root and sidewalk barriers
shall be installed to the satisfaction of the Department of Public Works.
- 9 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13.
Prior to approval of landscaping plans, the property owner/developer shall indicate on
Planning
said plans, to the satisfaction of the Planning Department, Planning Services Division and
Public Works
Department of Public Works, Resort Services Division, that all trees planted in the Public
Realm will be planted in accordance with the standard City specifications.
14.
Prior to final building and zoning inspections, a licensed landscape architect shall certify
Planning
to the Planning Department, Planning Services Division that all landscaping has been
installed in accordance with landscaping plans approved by the City and on file with the
Building Division of the Planning Department. Any deviation from the plant palette
shown on the approved landscape plans shall be submitted for review and approval by the
Planning Department, Planning Services Division. All irrigation equipment within the
setback area shall be fully screened so that the equipment is not visible from the public
right-of-way. Prior to final building and zoning inspections for the setback area,
additional planting may be required for screening purposes to the satisfaction of the
Planning Department, Planning Services Division.
15.
On-site non -Public Realm landscaping and irrigation systems, and Public Realm
Planning
landscaping and irrigation systems within areas in which dedication has not been accepted
by the City, shall be maintained by the property owner/developer in compliance with City
standards.
16.
Any tree planted within the Setback Realm shall be replaced in a timely manner in the
Planning
event that it is removed, damaged, diseased and/or dies. (The "Setback Realm" is
described in subsection 5.3 "Landscape Concept Plan" of Section 5.0 "Design Plan" of
The Disneyland Resort Specific Plan document.)
17.
Prior to approval of landscape plans, plans shall include a note that a licensed arborist
Planning
shall be responsible for all tree trimming within the Setback Realm.
18.
Prior to approval of each Final Site Plan, plans shall show that no less than twenty percent
Planning
(20%) of the interior courtyards shall be landscaped with a variety of shrubs,
groundcover, mature trees and potted plants to create a lush garden environment for the
pedestrian (this landscaping is in addition to the required landscaped setback areas, as is
measured by shade coverage). Seating areas and decorative features including, but not
limited to, interactive and decorative water fountains and works of art, may also be
included in this percentage. Adjacent to solid portions of building walls (i.e., where there
are no store -front windows), small grouping of trees or shrubs, raised planters and site
furnishings shall be located to minimize views of blank walls.
19.
Prior to approval of each Final Site Plan, plans shall show that major project entries shall
Planning
be enhanced with a more densely planted shrub palette utilizing annual color, perennial
color and accent trees, to the satisfaction of the Planning Department.
_10- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20.
Prior to issuance of grading and/or building permits, the property owner/developer shall
Planning
document on grading and/or building plans that a construction barrier at the construction
project perimeter areas (adjacent to public rights-of-way and/or other private property) be
installed prior to commencement of construction activity. Subsequent to installation,
property owner/developer shall notify the Planning Department, Planning Services
Division that said construction barrier has been installed. The construction sound barriers
shall be a minimum height of eight (8) feet with a minimum surface weight of one and
one-quarter pounds (1.25 lbs.) per square foot or a minimum Sound Transmission Class
Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry
doors shall be constructed with suitable mullions, astragals, seals, or other design
techniques to minimize sound leakage when in the closed position. Access doors should
be self-closing where feasible. Vision ports are permissible providing they are filled with
an acceptable solid vision product.
21.
Sweeping operations in the parking facilities and private streets or on-site roadways shall
Planning
be performed utilizing sweeping/scrubbing equipment which operates at a sound level
measuring not greater than 60 dBA at the nearest adjacent property line.
22.
Pressure washing operations for purposes of building repair and maintenance due to
Planning
graffiti or other aesthetic considerations shall be limited to daytime hours of operation
between 7:00 a.m. and 8:00 p.m.
23.
Prior to issuance of building permits for the parking structures, a note shall be placed on
Planning
the building plans which states, to the satisfaction of the Planning Department, that, in
conjunction with construction of the parking structure, no impact drive piles shall be
allowed.
24.
Prior to approval of final site plans and issuance of building and grading permits, plans
Planning
shall be submitted to the Planning Department that document compliance with Specific
Plan No. 92-1, as amended.
25.
Each Final Site Plan for the Anaheim GardenWalk project shall be prepared in
Planning
conformance with Chapters 18.114.040 (Disneyland Resort Specific Plan) and 18.116.040
(Anaheim Resort Specific Plan) Final Site Plan submittal requirements. Prior to issuance
of building permits, construction plans shall be in substantial conformance with said Final
Site Plans.
26.
Prior to issuance of building permits, unless records indicate previous payment, a fee for
Planning
street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the
length of street frontage in an amount as established by City Council resolution with
credit against the fee given for City -authorized improvements installed by the property
owner/developer.
- 11 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
27.
Prior to issuance of building permits, the property owner/developer shall document on
Planning
building plans, to the satisfaction of the Planning Department, Planning Services
Division, that all air conditioning facilities and other roof and ground mounted equipment
shall be shielded from public view as required by The Disneyland Resort Specific Plan
and the sound buffered to comply with the City of Anaheim noise ordinances from any
adjacent residential or transient -occupied properties. That as part of final building and
zoning inspections, compliance shall be verified. Additionally, all exterior appurtenances
such as conduits shall be minimized and integrated into the structure; and that any rain
gutters and downspouts and vents shall be finished to match the building materials and/or
colors.
28.
Prior to issuance of building permits, the property owner/developer shall document on
Planning
said plans, to the satisfaction of the Planning Department, Planning Services Division,
that all plumbing or other similar pipes and fixtures located on building exteriors shall be
fully screened from view of adjacent public rights-of-way and from adjacent properties by
architectural devices and/or appropriate building materials. That as part of final building
and zoning inspections, compliance shall be verified.
29.
The property owner/developer shall be responsible for removal of any on-site graffiti
Planning
within twenty-four (24) hours of its application.
30.
The conceptual location and configuration of all lighting fixtures including ground-
Planning
mounted lighting fixtures shall be shown on each Final Site Plan. That prior to issuance
of building permits, plans submitted for building permits shall document, to the
satisfaction of the Planning Department, Planning Services and Building Divisions, the
location and configuration of all lighting fixtures including ground -mounted lighting
fixtures utilized to accent buildings and landscape elements, or to illuminate pedestrian
areas. All lighting shall be shielded to direct lighting toward the area to be illuminated.
That as part of final building and zoning inspections, compliance shall be verified.
31.
Prior to approval of each Final Site Plan, the property owner/developer shall document on
Planning
plans, to the satisfaction of the Planning Department, Planning Services Division, that
building elevations shall show that the rear elevations of buildings visible from a five (5)
foot high view point from off-site areas shall be architecturally accented to portray a
finished look.
32.
Prior to recordation of a subdivision map, in the event a parcel is subdivided and there is a
Public Works
need for common on-site circulation and/or parking, an unsubordinated covenant
Planning
providing for reciprocal access and/or parking, as appropriate, approved by the
Department of Public Works and the Planning Department, Planning Services Division,
and in a form satisfactory to the City Attorney, shall be recorded with the Office of the
Orange County Recorder.
33.
No shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation
Planning
resort front setback areas.
- 12 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
34.
In connection with submittal of the first Final Site Plan for Area A the property
Planning
owner/developer shall submit a comprehensive sign program. Each subsequent Final Site
Plan shall include a sign program that shall be in compliance with the comprehensive sign
program and the development standards of the Anaheim GardenWalk Overlay. The
comprehensive sign program shall at a minimum include the following:
A. A sign theme/concept which demonstrates an overall appearance quality and type of
sign, banner or other display device; the quality of such signage shall be equivalent to
those utilized at Universal City Walk, Fashion Island or Irvine Spectrum. This is a
quality standard and is not intended, nor does it provide, additional signage rights or
permit any specific type of sign which does not conform with the signage regulations
set forth in The Disneyland Resort Specific Plan, as amended per the Anaheim
GardenWalk Overlay.
B. Sign criteria for interior corporate sponsorship displays (said displays could include
"jumbotrons," banners or placards) which are oriented towards the interior of the
Anaheim GardenWalk project. The staff report to the Planning Commission shall
include a recommendation by the Planning Director regarding his or her
determination as to the orientation of such displays. Such displays shall not be visible
from the public 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.
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 damagedibroken signs and banners and
installation and maintenance of changeable sign copy neon signage or electronic
readerboards.
- 13 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
35.
Prior to issuance of building permits for the retail and parking structure component of
Planning
Area A, the property owner/developer shall submit final design plans for the icon/themed
signage element indicated on Exhibit No 12 of this conditional use permit and that the
height of the icon element would be reduced from a maximum height of 120 feet to a
maximum height of 75 feet as measured from the grade level of the sidewalk on Disney
Way and that lighting on the icon will be limited to subtle lighting that slowly changes
colors. If the icon element does not include any signage visible from the public rights-of-
way at an equal elevation as the Anaheim GardenWalk property line (measured at five (5)
feet above the grade of the sidewalk on the opposite side of the street from the Anaheim
GardenWalk project), plans shall be reviewed by the Planning Director for substantial
conformance with the Final Site Plans. If the icon includes any signage, a conditional use
permit in compliance with Section 18.114.130.020.0201.02(b) and
18.114.130.060.0602.05 shall be required, with the maximum height and design of the
element subject to the review and approval of the Planning Commission. Preliminary
design plans for said icon/ themed element without signage shall be shown on plans
submitted as part of Final Site Plans subject to the review and approval of the Planning
Commission. Said plans shall include the location, design, height, dimensions, and
lighting scheme of the icon/themed structure. Final design plans shall be subject to the
review and approval of the Planning Director prior to the issuance of building permits
and/or may be recommended for review and approval by the Planning Commission as a
report and recommendation item at the sole discretion of the Planning Director.
36.
Prior to issuance of each sign permit the property owner/developer/tenant shall submit a
Planning
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.
37A.
Prior to approval of each Final Site Plan, the property owner/developer shall submit the
Planning
anticipated construction schedule for each of the remaining project components by
development phase; and that an updated schedule shall be submitted to the Planning
Department every six (6) months until the project is completed, or as deemed necessary
by the Planning Department.
37B.
The property owner/developer shall be responsible for all costs associated with the review
Planning
of each Final Site Plan application by an architect, licensed by the State of California and
selected by the City, to review the Final Site Plan for conformance with Section 5.0
"Design Plan" of The Disneyland Resort Specific Plan. The property owner/developer
shall pay all costs associated with this review prior to each Final Site Plan being
scheduled for a Planning Commission meeting.
38.
Prior to issuance of each building permit for a parking structure, a line -of -sight study shall
Planning
be submitted for review and approval by the Planning Department which shows that any
light poles on the roof -top areas of the parking structure, if proposed, shall not be visible
from the adjacent public rights-of-way, as measured from a five (5) foot high view point
from adjacent off-site areas.
39.
No exterior -mounted air conditioning facilities for individual hotel rooms or vacation
Planning
ownership rooms shall be permitted in the Anaheim GardenWalk Overlay.
-14- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
40.
Prior to approval of each Final Site Plan, plans shall show how all on-site service and
Planning
loading area operations shall be screened from the public rights-of-way to the satisfaction
of the Planning Department.
41.
A comprehensive sign program for Area B shall be submitted in conjunction with the first
Planning
Final Site Plan in Area B for review and approval by the Planning Commission. The
comprehensive sign program shall be in compliance with the sign standards and
regulations contained within The Disneyland Resort Specific Plan.
42.
The subject property shall be developed in substantial conformance with plans and
Planning
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.
43.
Prior to approval of each Final Site Plan and prior to issuance of each building permit, the
Police
Anaheim Police Department shall review and approve plans for safety, accessibility,
crime prevention, and security provisions during both the construction and operative
phases.
44.
Prior to issuance of the first building permit, the plans which are required to be submitted
Police
for the police/security office (to comply with the mitigation measures identified in
Modified Mitigation Monitoring Plan No. 004a) shall make provision for the
police/security office in accordance with the requirements of Development Agreement
No. 99-01, as amended, to the satisfaction of the Police Department. Plans shall also
specifically identify the parking spaces designated for such police/security office.
45.
Prior to issuance of building permits for parking structures, plans submitted for building
Police
permits shall be approved by the Police Department to ensure that safety and security
measures are incorporated, including the use of bi-directional antennae to insure
performance of public safety radio communications equipment (800 Mhz) in eighty-five
percent (85%) of any structure or developed area, or in compliance with public safety
radio system coverage requirements in effect at the time of the issuance of building
permits. Prior to final building and zoning inspections, installation of required antennae
shall be verified.
46.
Prior to issuance of building permits, plans submitted for building permits shall document
Public Works
that trash storage areas be provided and maintained in locations acceptable to the
Department of Public Works, Streets and Sanitation Division and in accordance with
approved plans on file with said Department.
- 15 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
47.
Prior to issuance of building permits, plans submitted for building permits shall be
Public Works
reviewed to ensure that gates shall not be installed across any driveway or private street in
a manner which may adversely affect vehicular traffic in the adjacent public streets and
that all parking facilities conform to City standard plans. Installation of any gates shall
conform to Standard Plan No. 402-B ("Parking Structure & Ramp Standard Detail") and
Standard Plan No. 475 ("Gate Standard for Residential/Commercial/Industrial") and shall
be subject to the review and approval of the Public Works Department, Traffic
Engineering Division and the Planning Department, Planning Services Division prior to
issuance of a building permit.
48.
Prior to approval of each Final Site Plan, plans for vehicular and pedestrian circulation
Public Works
shall be submitted to the Department of Public Works, Traffic Engineering Division for
review and approval showing conformance with Section 5.0 "Design Plan" of the Specific
Plan.
49.
Prior to issuance of building permits for parking structures, internal signage plans shall be
Planning
designed to enhance smooth traffic flows on each level of the parking structure and shall
be submitted to the Planning Department, Planning Services Division and Department of
Public Works
Public Works, Traffic Engineering Division for review and approval.
50.
Prior to issuance of building permits, the property owner/developer shall prepare a plan of
Public Works
operations for review and approval by the Department of Public Works, and shall provide
proof of their participation in the Anaheim Transportation Network ("ATN") to the
Department of Public Works, Traffic Engineering Division.
51.
Prior to approval of the Final Site Plan for the area encompassing the driveway for
Public Works
Anaheim GardenWalk adjacent to the driveway for the Super 8 Motel at 415 West Katella
Avenue, the Final Site Plan shall show that the driveway has been redesigned to combine
City Attorney
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.
52.
Prior to approval of the first Final Site Plan for Area A, and prior to approval of the first
Public Works
Final Site Plan for Area B, the property owner/developer shall submit conceptual street
improvement plan cross-sections (to be shown on the Final Site Plan) to the Department
of Public Works, Development Services Division for the installation of the ultimate
public right-of-way improvements for adjacent public streets. Prior to the approval of the
final subdivision map for Area A, and prior to approval of grading plans if a subdivision
map is not proposed for Area B, the property owner/developer shall submit final street
improvement plans for review and approval by the Department of Public Works,
Development Services Division. The property owner/developer shall be responsible for
all costs associated with the preparation and processing of the street improvement plan
and all costs associated with the construction of the improvements to the satisfaction of
the Public Works Director. These improvements shall be completed prior to the first final
building and zoning inspections for Area A and Area B.
- 16 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
53.
Prior to approval of the first Final Site Plan for Area A, conceptual street improvement
Public Works
plans shall be prepared for the construction of a free right -turn lane on the south side of
Disney Way from the parking garage driveway exit to Clementine Street (thirteen (13)
foot lane width) in order to improve outbound parking structure operations. Prior to the
approval of the final subdivision map for Area A, the property owner/developer shall
submit final street improvement plans for the construction of the free right -turn lane for
review and approval by the Department of Public Works, Development Services Division.
The property owner/developer shall be responsible for all costs associated with the
preparation and processing of the street improvement plan and all costs associated with
the construction of the improvements to the satisfaction of the Public Works Director.
These improvements shall be completed prior to the first final building and zoning
inspection for Area A. A portion of the free right -turn lane on Disney Way may be
utilized as a bus loading/unloading zone on an interim basis until such time that Area B is
developed, subject to the review and approval of striping plans by the Department of
Public Works, Traffic Engineering Division.
54.
Prior to approval of the first Final Site Plan for Area A, the property owner/developer
Public Works
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for intersection improvements, including construction of
a driveway on the south side of Disney Way to provide signalized ingress and egress,
including a signal plan and a pedestrian cross walk, between Anaheim GardenWalk and
westbound and eastbound traffic along Disney Way. Final street improvement plans shall
be submitted for review and approval by the Department of Public Works prior to
approval of the final subdivision map. The property owner/developer shall be responsible
for all costs associated with the preparation and processing of said street improvement
plans and all costs associated with the construction of the improvements to the
satisfaction of the Department of Public Works, Development Services Division. These
improvements shall be completed prior to the first final building and zoning inspection for
Area A.
55.
Prior to approval of the Final Site Plan for Area B, the property owner/developer shall
Public Works
submit conceptual street improvement plans to the Department of Public Works for
construction of a right -turn lane on the south side of Disney Way from Harbor Boulevard
to the mid -block project entrance. Prior to the approval of the final subdivision map, or
prior to approval of grading plans if a subdivision map is not proposed for Area B, the
property owner/developer shall submit final street improvement plans for review and
approval by the Department of Public Works, Development Services Division. The
property owner/developer shall be responsible for all costs associated with the preparation
and processing of the street improvements plan and all costs associated with the
construction of the improvements to the satisfaction of the Department of Public Works.
These improvements shall be completed prior to the first final building and zoning
inspection for Area B.
- 17 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
56.
Prior to approval of the first Final Site Plan for Area A, the property owner/developer
Public Works
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for the interim condition to provide a single left turn lane
in Disney Way between the mid -block project entrance and Clementine Street. Prior to
the approval of the final subdivision map for Area A, the property owner/developer shall
submit final street improvement plans for review and approval of the Department of
Public Works, Development Services Division. The property owner/developer shall be
responsible for all costs associated with the preparation and processing of the street
improvements plan and all costs associated with the construction of the improvements to
the satisfaction of the Department of Public Works. These improvements shall be
completed prior to the first final building and zoning inspection for Area A.
57.
Prior to approval of the first Final Site Plan for Area B, the property owner/developer
Public Works
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for the ultimate condition to provide duel left turn lanes
in Disney Way between the mid -block project entrance and Clementine Street. Prior to
the approval of the final subdivision map, or prior to approval of grading plans if no
subdivision is proposed for Area B, the property owner/developer shall submit final street
improvement plans for review and approval of the Department of Public Works,
Development Services Division. The property owner/developer shall be responsible for
all costs associated with the preparation and processing of the street improvement plans
for the duel left turn lanes and all costs associated with the construction of the
improvements to the satisfaction of the Department of Public Works. These
improvements shall be completed prior to the first final building and zoning inspection for
Area B.
58.
In connection with submittal of each Final Site Plan application, the property
Planning
owner/developer shall provide information regarding the ownership and/or long term
lease status of each of the underlying parcels, including any airspace or vertical
subdivision, of the 29.1 acre Anaheim GardenWalk project (i.e., whether the parcels are
owned, leased, under negotiation, etc.).
59.
Prior to Planning Commission review of each Final Site Plan, a notice shall be mailed to
Planning
the property owners within a three hundred (300) foot radius of Anaheim GardenWalk
advising them of the Planning Commission meeting.
60.
Prior to issuance of the first grading permit, and updated on a monthly basis during
Public Works
construction, the property owner/developer shall submit a plan, for review and approval
by the Department of Public Works, identifying (and updating) the sequence and timing
of all street improvements along Disney Way, Clementine Street, Katella Avenue and
Harbor Boulevard. Said street improvement plans shall include all driveways, traffic
signals, pedestrian cross walks, etc. The phasing and timing for commencing and
completing any or all of the street improvements shall be as required by Department of
Public Works.
61.
Prior to issuance of building permits, building plans shall document that water backflow
Public Utilities
equipment and any other large water system equipment shall be installed behind the
Setback Realm area in a manner fully screened from all public streets and alleys. Prior to
final building and zoning inspections, compliance with this condition shall be verified by
the Public Utilities Department, Water Utility Division.
- 18 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
62.
Prior to issuance of water improvement plans, the property owner/developer shall
Public Utilities
document on water improvement plans, to the satisfaction of the Public Utilities
Department, Water Engineering Division, that water service is available.
63.
The property owner/developer shall be held responsible for compliance with the
Planning
mitigation measures and for implementation of the project design features identified in
Modified Mitigation Monitoring Program No. 004a in compliance with Section 21081.6
of the Public Resources Code. Furthermore, the Anaheim GardenWalk property
owner/developer shall be responsible for any direct costs associated with the monitoring
and reporting required to ensure implementation of those mitigation measures and project
design features identified in Modified Mitigation Monitoring Program No. 004a.
Modified Mitigation Monitoring Program No. 004a, which includes mitigation measures
and project design features, is attached and made a part of these conditions of approval.
64.
Prior to approval of each Final Site Plan, the following plans/materials/information shall
Planning
be provided for review and approval by the Planning Department:
A. A site plan showing all proposed project components of the development phase
including, but not limited to, all buildings, landscape areas, parking areas, and the
adjacent street improvements. Conceptual hardscape areas, fountains/water features
and works of art will also be shown.
B. Preliminary Mass Grading Plans.
C. Conceptual elevation plans showing all views of each proposed building.
D. Roof -top plans for each building showing all roof -top equipment (roof -top equipment
is required to be fully -screened by the architecture of the building and painted in a
color to match the color of the roof).
E. Preliminary floor plans for each level of the parking garage (all parking spaces shall be
dimensioned and the total number of spaces on each level shall be shown on the plan).
F. Preliminary landscape plans showing all proposed planting materials and the proposed
landscape plant/tree palette, including color photographs, to show the proposed trees,
shrubs and groundcover.
G. Above- and below -ground utility equipment shall be shown on each site plan and
landscape plan. Plans must indicate how any above -ground equipment is fully
screened by landscaping from any public view.
H. Conceptual colored renderings of the site improvements to show the building
elevations from Harbor Boulevard, Katella Avenue, Clementine Street, and Disney
Way, and views of the interior portions of the site. Additionally, where a development
phase adjoins a future development phase (as yet undeveloped), a colored rendering
shall be provided to illustrate the building elevation(s) facing that future phase.
I. Preliminary material and color boards for each building, including the parking
structure, which show that all building colors, textures and materials shall be
compatible between on-site uses. The preliminary color boards shall show the
proposed decorative paving materials for the interior courtyard areas of the site and
pedestrian gathering areas will be compatible with on-site uses. The design and
location of the walkways shall not impact the placement of trees in the public right-of-
way parkways. In addition, the walkways shall not preclude the planting of the
number of trees required for the setback area by The Disneyland Resort Specific Plan
- 19 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Design Plan.
J. Letter from the property owner/developer indicating how the Final Site Plan is in
compliance with The Disneyland Resort Specific Plan requirements and Conditional
Use Permit No. 4078, as amended.
K. That the lighting fixture plan shall include the style of the fixtures which shall be
compatible with the project theme.
L. That any existing adjacent development on the 29.1 -acre Anaheim GardenWalk site
shall be shown on the site plan or other appropriate plan(s) to clearly illustrate the
relationship between the proposed construction on each development phase and
existing development/uses on adjoining development phase(s). Such additional
information is intended to illustrate vehicle and pedestrian circulation between
development phases, access to public rights-of-way, shared parking spaces, continuity
of building design and placement (including the parking structure), etc.
M. That the developer shall provide information regarding the development status of the
other development phases (i.e., vacant, pre-existing use, construction underway in
accordance with Anaheim GardenWalk uses, construction completed in accordance
with Anaheim GardenWalk uses, etc.) for the entire 29.1 -acre Anaheim GardenWalk
site.
N. That in connection with development in the Anaheim GardenWalk Overlay, submittal
of any Final Site Plan adjacent to a development phase which is vacant or which is not
developed in accordance with Anaheim GardenWalk Overlay shall show that a
minimum ten (10) foot setback, fully landscaped, shall be provided and maintained
along the property line
65.
Number not used
N/A
66.
If Area B is not developed in accordance with the Anaheim GardenWalk Overlay, it may
Planning
be developed in accordance with The Disneyland Resort Specific Plan No. 92-1, District
A provisions.
67.
If Area B is developed in accordance with the Anaheim GardenWalk Overlay, prior to
Planning
approval of a Final Site Plan, the property owner shall demonstrate on plans and show
that development of Area B shall be fully integrated with Area A and that Areas A and B
will be operated as a single integrated project.
68.
Prior to advertising for any special event which will draw visitors to the Anaheim
Planning
GardenWalk project, a special events permit shall be obtained.
-20- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
69.
Granting of the parking waiver is contingent upon operation of the use in conformance
Planning
with the assumptions and/or conclusions relating to the operation and intensity of use as
contained in the Transportation Analysis Update prepared by Iteris, Inc for the Addendum
to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim
GardenWalk Project, dated March 17, 2011, that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the Transportation Analysis Update
prepared by Iteris, Inc for the Addendum to the Pointe Anaheim Initial Study/Mitigated
Negative Declaration Anaheim GardenWalk Project, dated March 17, 2011 shall be
deemed a violation of the expressed conditions imposed upon said waiver which shall
subject this conditional use permit to termination or modification pursuant to the
provisions of the Anaheim Municipal Code.
70.
Following completion of construction of the 3,050 space parking structure in Area A, and
Community
on-going during project operation, the property owner/developer shall provide overflow
Development
parking to the Anaheim Convention Center in accordance with the "Parking Facilities
Convention
Operating Lease", as may be amended, as part of the Disposition and Development
Sports and
Agreement by and between Anaheim GW, LLC and the City of Anaheim.
Entertainment
71.
Prior to approval of the first Final Site Plan for Area B, the property owner/developer
Planning
shall submit a parking analysis to the Planning Department for review and approval,
Community
showing that the proposed number of parking spaces (1,600 spaces in Area B) will be
Development
adequate for Area B (i.e., the proposed land uses and building areas). Further, because
the parking for the Anaheim GardenWalk project may be shared between multiple land
Convention,
uses in Areas A and B, said analysis shall include information regarding the number of
Sports and
parking spaces, the land uses and the building areas in the previously approved portions
Entertainment
of the project. If the parking analysis concludes that additional parking spaces are
necessary to accommodate the parking demands of Areas A and B, as well as the
overflow parking for the Anaheim Convention Center, as prescribed in the "Parking
Facilities Operating Lease", as may be amended, as part of the Disposition and
Development Agreement by and between Anaheim GW, LLC and the City of Anaheim,
said spaces shall be shown on plans submitted for Final Site Plan approval.
72.
The Anaheim GardenWalk project shall be developed in accordance with Development
Planning
Agreement No. 99-01, as amended.
73.
Approval of this conditional use permit is contingent upon the approval and adoption of
Planning
General Plan Amendment No. 2010-00481 and Amendment No. 8 to The Disneyland
Resort Specific Plan No. 92-1.
- 21 - PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
74.
The property owner/developer shall construct the Anaheim GardenWalk project in
Planning
accordance with the following limitations:
A. The property owner/developer will not seek to change the entitlements for the one
thousand six hundred twenty eight (1,628) hotel rooms/suites to any other use;
provided, however, that the owner/developer may elect to construct up to 400 Vacation
Ownership Units in lieu of 400 Hotel Rooms in Area A and up to 100 Vacation
Ownership Units in lieu of 100 Hotel Rooms in Area B of the project, and provided
further, that the property owner/developer may elect to construct the remaining hotel
rooms as Condominium Hotels as defined in Code Section No. 18.114.020.0202 of
The Disneyland Resort Specific Plan No 92-1, Anaheim GardenWalk Overlay and as
defined in Development Agreement No. 99-01, as amended. As a condition of such
election, the property owner/developer shall enter into subsequent agreements with the
City that provide the City with "in -lieu" payments to be made at a mutually acceptable
time(s), and in amounts not in excess of the equivalent Transient Occupancy Taxes to
which the City would be entitled if such Vacation Ownership Units and Condominium
Hotel units were occupied as traditional hotel rooms.
B. The design of the Anaheim GardenWalk project shall incorporate the hotels as integral
components of the site plan, and the Anaheim GardenWalk project's construction shall
be consistent with said plan.
75.
A public art program shall be installed within the boundaries of the Anaheim GardenWalk
Planning
project. Prior to approval of the first Final Site Plan, the public art element concept
(including location, description and budget), shall be submitted to the City of Anaheim
for review and approval. The public art element shall be installed prior to the first final
building and zoning inspections for the structures or components in the development
phase in which it is proposed to be located, excluding the parking structure.
76.
Deleted by Resolution No. 2011-121.
Planning
77.
The land uses permitted in each development phase shall comply with The Disneyland
Planning
Resort Specific Plan No. 92-1 document, as amended.
78.
The project development density shall not exceed that which is specified in the City of
Planning
Anaheim General Plan, Land Use Element, Table LU -4 "General Plan Density Provisions
for Specific Areas of the City", and The Disneyland Resort Specific Plan No. 92-1, as
amended for the Anaheim GardenWalk Overlay.
-22- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
79.
Prior to issuance of the first building permit or approval of the first grading permit,
Planning
whichever occurs first, for development that incorporates all or a portion of the following
parcel(s), the property owner(s) shall submit a letter to the Planning Department
requesting termination of the zoning petitions associated with said underlying parcel(s)
(which zoning entitlements are not associated with the Anaheim GardenWalk project), as
follows:
Pyrovest (Anaheim Plaza Hotel and Suites) parcel
Variance No. 1021: Approved by the Planning Commission under Resolution No. 40,
Series, 1958-1959, to establish a motor hotel and appurtenant uses at 1660-1720 South
Harbor Boulevard; and by the City Council on September 2, 1958 under Resolution No.
4733 regarding only the "appurtenant uses")
Variance No. 3433: Approved on October 29, 1984 under Resolution No. PC84-225 for
waiver of permitted number and type of flags to retain 25 roof -mounted flags in the CR
Zone at 1700 South Harbor Boulevard)
80.
Prior to approval of final site plans for any vacation ownership resort units within the
Planning
Anaheim GardenWalk Overlay, the property owner/developer shall submit information to
the Planning Department indicating the provision of facilities, amenities, or design
features usually associated with hotels (for example, lobbies, check-in areas, registration
desks, service closets, laundry facilities, etc.) in compliance with Code Section
18.114.120.050.0503, and further, whether any kitchen facilities suitable for visitors are
proposed, in compliance with Code Section 18.114.120.050.0504. Plans and information
submitted for final site plan approval shall be in compliance with Code Section
18.114.070, excepting Subsection .0712 (required parking demand study).
81.
A. Prior to approval of each final site plan for a condominium hotel, CC&R's and a
Planning
Master Lease shall be submitted to the Planning Department and the City Attorney's
Office for review and approval. The final CC&Rs and Master Lease shall be
consistent with Conditional Use Permit No. 4078, as amended, on file in the Planning
Department, The Disneyland Resort Specific Plan and the City of Anaheim General
Plan. The CC&Rs and Master Lease shall not be amended or terminated without the
prior written approval of the Planning Director and modification of land use permits as
may be required to authorize and reflect the changes in the CC&Rs and/or the Master
Lease.
B. Prior to approval of each final site plan for a condominium hotel, the property
owner/developer shall have a title company review the airspace condominium map and
certify that the airspace condominium map has created insurable units for sale as
commercial condominium units.
C. On-going during project operation, any non-residential condominium hotel developed
as part of this project shall be maintained and operated as a hotel (with the exception of
the proposed financing structure), as approved by Conditional Use Permit No. 4078
and in accordance with approved final site plans.
D. On-going during project operation, Transient Occupancy Tax shall be collected for all
non-residential condominium hotel rooms as set forth in Chapter 2.12 (Transient
Occupancy Tax) of the Anaheim Municipal Code.
-23- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
E. On-going during project operation, for any non-residential condominium hotel, owners
use of airspace condominium units shall be limited to fourteen (14) days per calendar
year, and shall be subject to the payment of Transient Occupancy Tax based upon the
hotel room rate of a comparable hotel room.
F. On-going during project operations, any non-residential condominium hotel developed
as part of this project shall be managed, maintained and operated by a single qualified
professional entity.
G. On-going during project operations, at no time shall any hotel rooms developed as part
of this project be occupied as residential dwelling units.
82.
Approval of this application constitutes approval of the proposed request only to the
Planning
extent that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
83.
The owner/manager for any ABC licensed location or Entertainment business shall
Planning
submit a detailed security plan for approval of the Chief of Police or his/her designee that
Police
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 Conditional Use Permit No. 4078E, the property
Planning
owner or his/her designee shall submit a detailed security plan to address the additional
Police
security needs created by the changing tenant mix. This plan should include 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 Conditional Use Permit No. 4078E, the property
Planning
owner or his/her designee shall submit an updated Parking Maintenance and Operation
Police
Plan as required by Mitigation Monitoring Program No. 004a. In addition to review and
approval by the Planning Department, the plan shall also be submitted for review and
approval by the Chief of Police or his/her designee. The plan shall promote a safe
environment for the circulation of persons and vehicles, and the prevention of crime in the
parking facilities. This plan shall include measures to ensure reasonable egress times for
vehicles out of the parking lot. Any amendments to the plan shall be filed with the Police
Department, Vice Detail and the Planning Department.
86.
Following the issuance of a Certificate of Occupancy for both hotels in Area A, project
Planning
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.
-24- PC2016-084
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
87.
Implementation of Conditional Use Permit No. 4078F, including the Coordinated Sign
Planning
Program, dated December 2015, and electronic readerboard sign, is contingent upon the
approval of Zoning Code Amendment No. 2015-00131. Permits for any signs shall not be
issued until after the effective date of the ordinance approving Zoning Code Amendment
No. 2015-00131.
88.
Implementation of Conditional Use Permit No. 4078H, including the Coordinated Sign
Planning
Program, dated October 2016, and icon/themed signage element, is contingent upon the
approval of Zoning Code Amendment No. 2015-00134. Permits for any signs shall not be
issued until after the effective date of the ordinance approving Zoning Code Amendment
No. 2015-00134.
-25- PC2016-084