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PC 2006/03/06 (2)nai Fannin issin a Monday, Larch 6, 2006 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman Chairman Pro-Tempore: Cecilia Flores Commissioners:: Kelly Buffo, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez . Call To Order Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the March 6, 2006 agenda . Recess To Afternoon Public Hearing Session ® Reconvene To Public Hearing 2:30 P.M. For record keeping purposes ifyou wish fo make a statement regarding any item on the agenda please complete a speaker card in advance and submit it to the secretary. ® Pledge Of Allegiance ® Public Comments • Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission(a~anaheim.net H:\dots\clerical\agendas\030606.doc (03/Ofi/06) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items.prior to the time of the voting on the motion unless .members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED (b) CONDITIONAL USE PERMIT NO. 2005-04975 (TRACKING NO. CUP2006-05074) Agent: Reky Hiramoto, Beazer Homes, 1600 East Imperial Highway, Suite 200, Brea, CA 92821 Location: 1818 South State College Boulevard: Property is approximately 3.4 acres located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). aro/ectPianner (a vazquez@anaheim. nett Request to determine substantial conformance for modifications to O S. 118 previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. 16. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVtOUSLY- APPROVED) (b) CONDITIONAL USE PERMIT NO. 2003-04800 (TRACKING NO. CUP2006-05073) Agent: Hossein Zand, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 Location: 200 North Via Cortez: Property is approximately 5.7 acres located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road. project Ftanner. (Gabber Motor-Mercedes Benz). (avazquez@anaheim.net) Request to determine substantial conformance of revised elevation O. 5. 108 and sign plans for a prev(ously-approved automotive dealership. H:\docs\clerical\agendas\030606.doc (03106/06) Page 2 1C.(a) CONDITIONAL USE PERMIT NOS: 1031 AND 1228 (TRACKING NO. CUP2006-05062) Agent: James Myron, Citadel Law Offices & Financial Services, 4695 Mac Arthur Court, Suite 100, Newport Beach, CA 92660 Peter Capriotti II, Cotti Foods Corporation, 26111 Antonio Parkway, Suite 100, Las Flores, CA 92688 Location: 100 and 130 North State College Boulevard: Parcel A: Property is approximately 0.5 acre located at the northeast corner of Center Street and State College Boulevard (100 North State College Boulevard). Parcel B: Property is approximately 0.3 acre located at the southeast corner of State College Boulevard and Underhill Avenue (130 North State College Boulevard). Request to terminate Conditional Use Permit No. 1031 (to establish a walk-up restaurant), and Conditional Use Permit No. 1228 (to permit on-sale beer and wine in an existing restaurant). TERMINATION RESOLUTION NO. 1D. Receiving and approving the Minutes from the Planning Commission Meeting of January 9, 2006. (Motion) Continued from the January 23, and February 6, and 22, 2006, Planning Commission meetings. 1E. Receiving and approving the Minutes from the Planning Commission Meeting of February 22, 2006 (Motion) H:\dots\clerical\agendas\030606.doc Project Planner. Qnixon@anaheim.neQ O. S. 112 (03/06/06) Page 3 Public Hearina Items: 2a. CEQA NEGATIVE DECLARATION Request a 2b. VARIANCE NO. 2005-04675 continuance to March 20, 2006 Owner: Therese Hotvedt, The Shops at Stadium Towers, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa Mesa, CA 92626 Location: 2410 - 2420 East Katella Avenue: Property is approximately 2.4 acres, having a frontage of 600 feet on the south side of Katella Avenue and is located 37 feet east of the centerline of Howell Avenue (Stadium Towers Plaza). Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters/logos on wall signs to waive minimum number of parking spaces and permitted signs for apreviously-approved commercial center. Continued from the January 23, and February 6, and 22, 2006, Planning Commission meetings. VaNance Re501Ut10n NO. Project Planner. (a vazouez(a)anabeim. net) Q.S. 118 H:\dots\clerical\agendas\030606.doc (03/06/06) Page 4 3a. 3b. 3c. 3d. 3e. 3f. 3g. 3h. 3i. Zabys LP, 444 W. Katella Ave, Anaheim, CA 92802-3608 Pyrovest Corp, 1101 E. Garvey Ave. #208, Monterey Park, CA 91755-3055 Agent: William J. Stone Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: The Anaheim GardenWalk (formerly known as "Pointe Anaheim") project site is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 170p South Harbor Boulevard. Request: The request is for approval of modifications to the Anaheim GardenWalk (formerly Pointe Anaheim) project to permit the following: 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up tc 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The project includes two development phases. The first phase includes the development of approximately 20.3 acres of the project site (Area A) with 439,600 square feet of specialty retail, restaurants, and entertainment uses, , H:\does\clerical\agendas\030606.doc (03!06/06) Page 5 Owner: Anaheim GW, LLC 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 including movie theaters; 1,266 hotel rooms (including up to 400 vacation ownership units) and 216,820 square feet of hotel accessory uses, a transportation center, and 3,200 parking spaces. The remaining 8.8 acres (Area B) would be developed as a subsequent phase with up to 130,150 square feet of specialty retail, restaurants, and entertainment uses, 362 hotel rooms (including up to 100 vacation ownership units) and 61,997 square feet of hotel accessory uses, and 1,600 parking spaces. The proposed actions consist of the following: Second Addendum To The Pointe Anaheim Initial Study And Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a. A request for determination that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a is adequate to serve as the required environmental documentation for the proposed project actions. General Plan Amendment No. 2005-00440 -Request for an amendment to the Land Use Element, Table LU-4, "General Plan Density Provisions for Specific Plans within The Anaheim Resort and for the Platinum Triangle Area' to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment No 6 to The Disnevland Resort Soecific Plan No. 92-1 - Request for an amendment to the Specific Plan including, but not limited to, the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, .and Zoning and Development Standards to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment to Conditional Use Permit No. 4078 -Request for an amendment to the Conditional Use Permit to reflect the proposed modifications to the Anaheim GardenWalk project including modifications to the previously-approved waiver of minimum number of parking spaces and conditions of approval. Second Amended and Restated Development Agreement No. 99-01 (Amendment No 3 to the First Amended and Restated Development Agreement No. 99-011- Request for a recommendation to the City Council on a proposed amendment to the Development Agreement to reflect the proposed modifications to the Anaheim GardenWalk project. Tentative Parcel Mao No. 2002-205 -Request to establish a 7-lot, including 1air-space, non-residential condominium subdivision for a portion of the Anaheim GarderWalk project site {Area A on the attached Location Map). Final Site Plan No. 2006-00002 -Request for approval of a Final Site Plan for approximately 439,600 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters, and parking facilities encompassing 3,200 parking spaces (approximately 125 parking spaces may be developed as part of future hotel phases) and 15 bus parking spaces within Area A. Second Addendum to Mitigated Negative Declaration/Mitigation Monitoring Program Resolution No. General Plan Amendment Resolution No. project Planner. Amendment No. 6 to The Disneyland Resort Specific (twhiteQanaheim.net) Plan Resolution No. Conditional Use Permit Resolution No, Q.S. 87 Development Agreement Resolution No. H:\does\clerical\agendas1030606.doc (03/06/06) Page 6 Adjourn To Monday, March 20, 2006 at 12:00 P.M. for a Workshop on Multiple Family Development Parking Requirements and Preliminary Plan Review. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 g.m. March 2. 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCfL DISPLAY KIOSK SIGNED: ~LCO ~/ I~.f If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714.765-5139. H:\dots\clerical\agendas\030606.doc (03/06/06) Page 7 SCHEDULE 2006 March 20 April 3 April 17 May 1 May 15 May 31 (Wed) June 12 June 26 July 10 July 24 August 7 August 21 C September 6 (Wed) September 18 October 2 October 16 October 30 November 13 November 27 December 11 December 27 (Wed) H:\dots\clerical\agendas\030606.doc (03/06/06) Page B Item No. 3 O J_ 0 m O S CUP ]00 vpN 3:f5 fUMApF MNNGATE Ll1P ]T wP ss VpR Fll6 EP B23 VAR ]9]0 tl6NEYUWD PAAI(ING tl6NEttANG PPApNG 48867810181 VAR 2865 p1P 386 RAAIMAMHNGATE EP @-1 CL B ~ l ) LAr~CnPED U W iowa SP R2-1 (prypgCAPED SP 92-1 WP II1fi EA6~IFM RCL 0687-611108) iEq$EMENL RCL 666]-61(166) DISNEY WAY 6P BZ-1 RCL TT.TBS9 RCL6661dt p001 [LP 2130 VAR]WB vAR no 611. IF9. FlRM SP 92-1 RCL 688]81 (10 CUP 1603 sP 8] z RCL 686]81 (I6; N C11P 7861 W LLP nS W MARIOTT RE610EP INN 6111TF5 N W a ~- sP ~x Z RcL 686TF1 30e1 W RC1s65T-f1 g BATFlIrtc W ~+E^T'IE~ J U EP fist flCL 66bTE1 1001 RCL 5857-~t 6P 8}t gcLe68)d1,1~1 RCL563T-]t HAWMGiW EUf1E6 LTD. Pasagq„1m1 o i Tz-F-~ ~nn, c~6M,8~3'AR 6my~ ri3; 3k3/s.i1"CSC y ~~ 5 bP ma RRe88181 am Lt1P 1PB VAR 2176 6 CHEVItGN 66. 72.2 sa 9za ®6}3 ~ ~~ ~ ?_ sg RCL fi6$T{1 (161 RUmm811]81RCLmsra111m1 ~~ tl LUP 680 vAR rm vA6,ae n- LllP 1470 VAR 1880 v6fl rw EIR ]I] 8qm RCL 686)810117 1A~'SODGETGR v~ RL~miF~1R I~wx_ "~< M~8 SP 82-2 HANSA HOUSE RESTAURPNT ALL PROPERTIES ARE IN THE ANAHEIM RESORT Second Addendum to The Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a. ~ 1 ,:, General Plan Amendment No. 2005-00440 Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 Amendment to Conditional Use Permit No. 4078 Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01) Tentative Parcel Map No. 2002-205 Final Site Plan No. 2006-00002 Requested By; WILLIAM J. STONE ANAHEIM GW, LLC CITY OF ANAHEIM PLANNING DEPARTMENT 2184 SP B2-1 CUP 1ED0 PARKING SI al PAI Anaheim GardenWalk Date: March 6, 2006 Scale: Graphic Q.S. No. 87 KATELLA'AVENUE Second Addendum to The Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. OD4a. General Plan Amendment No. 2005-0044D Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 Amendment to Conditional Use Permit Nc. 4078 Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01) Tentative Parcel Map No. 2002-205 final Site Plan No. 2D06-00002 P.equested By: WILLIAM J. STONE ANAHEIM GW, LLC CITY OF ANAHEIM PLANNING DEPARTMENT Anaheim GardenWalk Date: March 6, 2006 Scale: Graphic Q.S. No. 67 21aa ALL PROPERTIES ARE IN THE ANAHEIM RESORT Staff Report to the Planning Commission March 6, 2006 Item No. 3 3a. CEQA SECOND ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION/MITIGATION: MONITORING PROGRAM NO. 004A (Recommendation Resolution) 3b. GENERAL PLAN AMENDMENT NO. 2005-00440 (Recommendation Resolutiori)' 3c. AMENDMENT NO. 6 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 ` (Recommendation Resolution) (TRACKING NO: SPN2005-00032) , 3d. WAIVER OF CODE REQUIREMENT (Motion). 3e. AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 (TRACKING NO. CUP2006-05065). (Recommendation Resolution) 3f.: SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO 99-01 (AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01) (TRACKING NO, DAG2006-00001) ; , <, (Regommendation Resolution) 3g. TENTATIVE PARCEL MAP NO: 2002-205 (Motion) 3h. FINAL SITE PLAN N0: 2006-00002r (Motion) 3i: REQUEST FOR CITY COUNCIL REVIEW OFITEM NOS. 3d 3g and 3h (Motion) SITE LOCATIOfJ AND DESCRIPTION: (1) The Anaheim GartlenWalk (formerly known as "Pointe Anaheim') project site is Iodated oh apprpximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine. Street, and-0isney W ay and Katella Avenue. The i project site has approximate frontages of 1,500 feet on the'south side of Disney. Way between Harbor Boulevard and Clementine Street, 1,185 feeton the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-.1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771. feef west of the centerline of Clementine Street; and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The site isVacant except for the Anaheim Plaza Hotel and Suites of 1700 South Harbor Boulevard. REQUEST: (2) The request is forapproval of modifications to the Anaheim GardenWalk project to permit the following:. 569,750 square feet of specialty retail, restaurants, and entertainment uses; including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessoryLses; a transportation oenter, and 4,800 parking spaces: The project includes two development phases. The first phase includes the developmentof approzimately20.3 acres of the pro}ect site (Area A as shown on ' the attached location map) with 439,600 square feet of specialty retail; restaurants, and ehtertainntent uses,including movie theaters; 1,266 hotel rooms (including up td 400 vacation ownership units) and 216,820 square feet of hotel accessory uses, a ransportation center; and 3,200 parking spaces. The remaining 8.8 acres (Area 6 as shownon the attached location map) would be developed as a subsequentphase with up to 130,150 square feet of specialty. retail; restaurants; and entertainment uses, 362 hotel room5(including up to 100: Page 1 Staff Report to the Planning Commission March 6, 2006 Item No. 3 vacation ownership units) and 61,997 square feet of hotel accessory uses', and 1;600 parking spaces. The requested actions consist of the following`. Second Addendum to the Pointe'Anaheim Initial Studv and Mitigated Negative Declaration/Mitigation Monitoring Program No 004a - A requesffof determination that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitpring Program inadequate to serVe'as the required environmental documentatjon for tfieproposed project actions. General Plan Amendment No. 2005-00440 -Request fpr an amendment to the Land Use Element, Table LU-4,"General Plan Density Provisions for Specific Plans within The Anaheim Resort and fpr the Platinum Triangle Area" tp reflect the propbned mddifications to the Anaheim GardenWalk projeck ' Amendment No. 6 to The Disneyland Resort Specific Plan No 92-1 -Request for an amendment to the Specific Plan including, but not limited. td, the Land Use Plan, Public FacilitiesPlan, Design Plan, General Plan Consistency; and Zoning and Development Standards to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment tp Conditional Use Permit No: 4078 -Request for ari amendment to the Conditional Use Permit under authority bf Code Section' 18.114.105.020 to reflect the proposed modifications td the Anaheim Ga~denWalkproject including modifications to the previously-approved waiver of minimum numberpf parking spaces and'donditions of approval:" The waiver ofminlmum number of parking spaces is proposed tobe amended, as fellows; to Yefleot the projectmodifications;' Sections 18:42.040.010 - Minimum number of oarkinp spaces: `and 18.114:11b.010:0104 (B 984 required; `' 4J800 tdtal in Areas A and B proposed) Second Amended and Restated Development Agreement No 99-01 (Amendment No. 3 to the First Amended and Restated Development Agreement No: 99-01 =Request for a7ecommendation to the City Council on a proposed amendmenfto the DevelopmenfAgreement to reflect theproposed modifications. to the Anatteim`Ga~dehWalkp~ojedt. Tentative Parcel Map tJb. 2002-205 =Request to establish a 7-lot, including 1 air-space, non-residential condominium subdivision for a portion of the Anaheim GardenWalk project site within Area A. Final Site Plan' No. 2006-00002 -Request for approval of a Final Site Plan for approximately 439,600 square feet of specialty retail; restaurants, and entertainment uses, including movie theaters; and parking facilities encompassing 3,050 parking spaces (approximately 125 additional parking spaces may be developed as part of futurehotel pfiases) acid 15 bus parking. spaces within Area A: Page 2 I Staff Report to the Planning Commission March 6, 2006 Item No. 3 BACKGROUND: (3) The 29:1=acre Anaheim GardehWalk project site is located in The Anaheim Resort in The Disheylahd Resort Specific Plan No. 92-1, Pointe Anaheim Overlay: The easterly 20.3-acre portion df the site (Area A), located on the west side of Clementine Street (excluding Fire Station Nd: 3) tietween Disney Way and Katella Avenue, is vacant. This portion of the project site is Awned or leased by the project applicant, Anaheim GW; LLC. The westerly 8.8-acre portion of the. site.; Ideated at the soutFieasfcdmet ofDisney Way and Harbor Boulevard, is developed with the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard and is owned by Pyrovest Corporation (Area B). (4) The surrounding land uses and zoning are showri on the following chart. The entire area is designated for Commercial Recreation land uses by the General Plan. Direction Land Use. ` Zonin North (across Disney Southern California Edison Parking District of The Way) Company dvertiead utility Disneylahd Resort Specific ` easement% Plan Nd: 92-1' East (across Marriott Residence Inn C-R District of the Anaheim Clementine Street) Cleaners ` Resort Specific Plan No. 92-2 - Enterprise car rehtals Extended Stay America Hotel Citcle Specific Plan. La Quinta Inn ahd Suites No. 93'-1" East (bounded by the City Fire Station Nd. 3 Parking District, C-R Overlay Anaheim GatdenWalk of The Disneyland Resort project area on the Specific Plan No. 92-1 north; west and south South (across Katella Disneyland Resort employee Future Expansion District of Ave.) parking Idt The Disneyland Resort S ecific Plan No: 92-1 South and West Castle Inn 8 Suites C R District of the Anaheim Su er 8 Motel Resort'S ecific Plan No. 92-2 _ West (acrdss Harbor , Disneyland Theme Park Theme Park District of The Blvd.) Disneyland Resort Specific Plan No: 92-1 (5) The Disneyland Resort Specific Plan No. 92-1 was adopted by the City Council do June 29, 1993, for an overall area of about 501 acres generally bounded by BaII Road on the north, the Interstate 5/Santa Ana Freeway on the northeast; Katella Avenue do the south'(witfi about 24.Tacres located soutKof Katella Avenue betweeh Harbor'Boulevard and Raster Street), and Walnut Street on the west: Since the 1993 adoption of the Specific Plan, seve~al'Specific Plan. Amendments and Specific Plan Adjustments have been approved, including Amendment Nos: 4 and 5 pertaining to the 29.1-acre site. Page 3 Staff Reporl to the Planning Commission March 6, 2006. Item No. 3 (6) In conjunction with approval of The Disneyland Resort Specific Plan No. 92-1, on June 22, 1993, the City Council certified Final Environmental Impact Report No. 311 ("Final EIR") and adopted Mitigation Monitoring Program Nb. 0067. In conjunction with Amendment No. 3 to the Specific Plan; on October 22, 1996, the Couricil approved an Addendum to the Final EIR and modified Mitigation Monitoring Program No. 0067. (7) On July 13, 1999, the City Council approved the Anaheim GardenWalk project to provide fora 565,000 square foot retail/dining/entertainment complex (including up to three live pertormance theaters, or alternatively, a 24-screen movie theater), and up to 1,050 hotel roomslsuites with associated parking to be developed in' a single phase: The project applications included an amendment to the General Plan,. The Disneyland Resort Specific Plan; Conditional Use Permit No. 4078 and Development Agreement No: 99-01. (8) On February 26, 2002, the City Council subsequently amended the General Plan, The Disneyland Resort Specific Plan, Development Agreement No! 99-01 and Conditional Use Permit No. 4078 to modify the miz and allddation ofland uses and to permit phasing of the project in up td five phases. The modified uses are as follows: up to 634,700 gross square feet of retail/dining/ entertainment. Lses (which includes a 94;000 square fool i3quarium); a maximum of four hotels comprising up to 1,662 hotel rooms/suites (bf which up to 200 units maybe Vacation Ownership Resort units) with approximately 322,071 gross square feet of related accessory uses, of which up to 178,120 gross square feet cculdbe used for a hbte(conference center on top pf the parking structure; and; a parking structure with: up to 4,800 parking spaces and 15 bus spaces with a 10,200 square foot tius terminal/facility for airport transport to and from sightseeing. venues. A waiver of the minimum number of parking spaces (6,581 spaces. required, up to 4,800 spaces in the parking structure proposed at full project. build-out) was also approved. The Council also approved a Disposition and Development Agreement by and between the City and Excel Pointe Anaheim, LLC, td provide for the sale of approximately1.35 acres located at the southwest corner of Disney Way and Clementine Street, north of Fire Station No. 3`td the developer and tfielease to the City of certain public parking facilities td be constructed within the project. (9) On December 14, 2004, the City Council amended Conditional Use Permit No. 4078; approved Amendment No. 1 to the First Amended and .Restated Development Agreement No. 99-01 and Amendment No. 1 to the Disposition and DevelopmentAgreemenC, to extend the date by which the developer must commence construction df the Initial Phase of Development (from within 3 years after February 26; 2002 to February 26, 2006) aril td reflect the name of the new owner (Anaheim GW, LLC). No modifications were made to the project description. (10) Ori December 12, 2005, ttie Planning Commission approved an amendment to Conditional Use Permit No. 4078 and recommended approval of Amendment No: 2 to the First Amended and Restated Development Agreement No. 99-01, 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). No modifications were made to the project description. Page 4 l Staff Report to the Planning Commission March 6, 2006 Item No: 3 (11 f On January 31; 2005, the City Council approved AmendmentNo. 7 to the First Amended and restated Development Agreement No. 99-01 and Amendment No: 2 tb the Disposition and DevelbpmentAgreement, to extend the date by which the developer must commence cbnstructidn of the+nitial Phase of Development (from February 26, 200fi to February 26, 2007).. Nq modifications were :made to theproject description. (12) On December 5, 2005, William Stone, on behalf of Anaheim GW, LLC, submitted a request for the Planning Commission to initiate applications to amend the Anaheim General Plan, The Disneyland Resort Specific. Plan No. SP92-1 and Conditional Use Permit No. 4078. The letter indicated that the proposed amendments would affect the entire 29.1=acre project site and relate to the mix and allocation ofiand uses; phasing, and project layout: The applicaht owns or controls approximately 20.3 aces of the project site and requested that the Commission initiate applications for the remaining 8.8 acres of the site not under control of Anaheim GW, LLC. Onbecember 12, 2005, the Commission, by motion; initiated processing of General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 and an amendment to Conditional Use Permit No. 4078, as it is proposed td be modified. On January 3,2006; William Stone filed applications for the project actions for the 20.3 acres of the project site under the ownership and/or control of Anaheim GW, LLC. DISCUSSION: , (13) The Anaheim GardenWalk project is afully-integrated, mixed use development proposal that will have a garden-theme orientatfdh and plaza/pedestrian amenities. The applicant requests modificatiohs to the development proposal which was approved in 2002, in order to amerid the mix and allocatidri of land uses ahd amend the phasing of development into two areas (Areas A and B). The following table provides a comparison between the previously-approved project and the proposed changes to the project; Page 5 Staff Report to the Planning Commission March 6, 2006 Item No. 3 Table 1 Comparison of the Anaheim GardenWalk Project Approved and Proposed Modifications Previously-Approved Proposed Differences Between Land Use Anaheim GardenWalk Anaheim GardenWalk Previously-Approved and Proposed Project (Gross Sq. FC unless (Gross Sq: Ft. unless [O Indicates a ' noted) noted) .: decrease] HOTELS Number 3 or 4 hotels 5 hotels Up to 2 hotels 1,662 rooms (includes .1,628 rooms (includes up Rooms up to 200 vacation to 500 vacation ownership (34) rooms ..ownership units) units) Hotel Accessory 282,071 278;817 < {3,254) Uses RETAILIOINING/ENTERTAINMENT (RDE) Specialty Retail .389,850 (includes an 389 850 0 aquarium): , Dining 3.;634 seats/90;850. 113.,900 23,050 Entertainment `154,D00 66,000 (includes amulti- (88,000) plex movie theater) Total RDE 634,700 ` 569;750 ` (64,950) PARKING Structutedl 1,949,800 1,949,800 0 Covered 4,800 auto spaces 4,BDO auto spaces ' 0 Parking 15 busspaces 15 tiusspaces 0 Bus Terminal Facility 10,200 10,200 0 (14) As previously indicated, the project includes two primary development phases. The first phase includes the development of approximately 20.3 acres of the project site (Area A) and the second phase includes the remaining 8:8 acres. (Area B), as shown on the attached Location Map. The mix and allocation of land uses are proposed as follows: Page 6 Staff Report to the Planning Commission March 6, 2006. Item No. 3 Table 2 Project Components By Area Area A Area B.. Land Use (Gross Sq. Ft unless (Gross Sq. Ft unless Project Totat noted) noted) HOTELS Number 4 hotels 1 hotel 5 hotels 1,266 (includes up to 362 (includes up to 1,628 rooms (including Rooms 400 vacation ownership 100 vacation up to 500 vacation units) ownership units) owhership units) Hotel Accessory 216,820 61,997 278.,817 Uses RETAIL/DININGIENTERTAINMENT (RDE) Specialty Retail 275,500 114,35D 389,850 Dining 98,100 15,800 113,900 66,000 (includes a Entertainment multiplex movie 0 66,000 theater) Total RDE 439,600. 130,150. 569,750 PARKING Shuctured/ 1,299,867 649,933 1,949,600 SF Cdvered 3,200 auto spaces 1,600 auto spaces 4,800 auto spaces Parking 15 bus spaces 0 bus spaces ` 15 bus spaces Bus Terminal/ 10,200 0 10,200 Facility (15) The applicant has submitted conceptual plans, elevations, sections and illustrative colored renderings to depict the layout and design of the project, as proposed to be modified. The previously-approved project ihcluded preliminary desighs for the entire 29.1 acre project site; however, the current proposal only includes preliminary development plans for Area A. Development plans for Area B would be subject to Final Site Plan review and approval by the Planning Commission ata duly noticed public hearing. (16) Development of project components in Area A is proposed to be phased over time: The initial phase includes the development of the 439,600 square foot of retail, restaurant and entertainment components of the project, as well as the construction of 3',076 parking spaces and a transportation center with 15 bus parking spaces, Development of the Motels and vacation ownership resort components of Area A is anticipated to commence shortlythereafter and would be subject to future Planning Commission review as a "Reports and Recommendations" item. Area B is not currehtlyunder the control or ownership. of the project applicant. The property is owned by Pyrovest Corporation and developed with the Anaheim Plaza Hotel and Suites. Develbpment of project components ihArea B is subject to market conditions and would be sub)ect to ' future Planning Commission Teview and consideration afa duly noticed public hearing:: Page 7 Staff Report to the • Planning Commission. March 6, 2006. Item No. 3 General Plan Amendment No. 2005-00440 (17) The Land Use Element of the City of Anaheim General Plan includes Table LU-4 "General Plah Density Provisions for Spedifid Areas of the City" which describes the land uses and density of the Anaheim GardenWalk (Pointe Anaheim) - Overlay: Apprdval'of this General Plan Amendmentwould amend this table as fbllows, tb reflect the project as it is proposed td be modified: "The Disneyland Resort. Specific Plan also provides for the development df the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay aC the following density and subject to the approval of Cdnditidnal Use Permit No. 4078; as amended, topermifthe following: up td 569,750 square feet of specialty retail, restaurants; and entertainmentLses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4, 800 parking spaces: The Anaheim GardenWalk Overlay encompassesbistrict Aand the portion of the Parking District (East Parking Area)/CR Overlay south of Disney Way." A copy of the amended table incorporating the above text is provided in Attachment B td this staff report. The project as amended, is consistent with the goals and policies of the Commercial Recreation land use desigriatidn iri the General Plan: Amendment No. 6 To The Disnevland Resort Specific Plan No 92-1 (18) Amendment Nb: 6 to The Disneyland Resort Specific Plan No. 92-1 modi5es sections of the Specific Plan related,to the Anaheim GardenWalk (formerly.. Pointe Anaheim) Overlay:' The Specific Plan Amendment: includes text and ezhibif changes thrdughout the document to Yeflect the amended Anaheim.' GardenWalk Overlay project description including, but not limited to; the following: Revisions to the project description for the overall Anaheim GardenWalk projedtand'a description of the intensity assigned to Areas A and B. Modifications tb exhibits throughout the document to reflect the renaming of the following: the Pointe Ahaheim'project to the Anaheim GardenWalk project; the PointeAnaheim Overlay to the Anaheim GardenWalk Overlay; and, Freedman Way tobisney Way. Amendments to the Zoning and Development Standards to modify zoning standards for the Anaheim GardenWalk Overlay including, but not limited to, eliminating aquariums from the IisfofLSes allowed under Conditional Use Permit No. A078, revising the Final Site Plan processing procedure to require the Final Site Plan for Area B to be bonsidered by the Planning Commission ata noticed public Hearing, revising the phasing from 5 to 2 phases (Areas A and B); revising the description of the project density to reflect the modified projedt, increasing the number of permitted vacation ownership resort units frdm 200 to 500, permitting hotel rooms td be nonresidential condominium hotel rooms, increasing the maximum height of one of the icon structures from 30 to 90 feet (provttled that the icon meets certain briteria including ho product or business advertising visible outside of the projectand that the plans for the structure are subject to approval of a conditional use permit), Page 8 Staff Report to the Planning Commission March 6, 2006 Item No. 3 permitting outdoor dining areas to encroach into the Katella Avenue, Disney Way and Clementine Street setback areas;: and amending project signage development standards, including adding Exhibits 5.8.3.f.6, 5.8.3.f.7, and 5.8.3.f.8 relating to permitted business identification signage do Katella Avenue and Disney Way. e Amendments to tfie Specific Plartconditions of approval to remove alt ::. .conditions of approval that pertaih'solely to the Anaheim GardenWalk project and include them in the Conditional Use Permit resolution. Conditions of approval pertaining to other development within The Disneyland Resort Specific Plan would remain intact_ e Modifiedstandards toYeflect the redesigri pf the main project entry from Harbor Boulevard to Disney Way recognize the unique sign requirements associated with amulti-tenant regional retail and entertainment center; and provide visibility for major tenants located within the interior of the project The proposed amendments to the Specific Plan are showh in Attachment C "Amendment No. 6 td the Disneyland Resort Specific Plari No: 92-1 ." Staff has reviewed each of the proposed amendments and concurs with the changes as they will provide for internal consistency throughoutthe document to reflect he revised project descriptlbh and phasing, reflect changes in the market with regard to hotels (i.e. condominium hotels providing an additional financing mechanism for hotel development); and provide for a more active perimeter for the project; with'outddor diningareas permitted to ehcroach ihtd the Katella Avenue, Disney Way and Clementine Street setbackareas consistent witfi the encroachments already allowed along Harbor Boulevard'and Katella Avenue in the Anaheim Resort Specific Plan. Amendment to Conditional Use Permit No. 4078 (19) Conditional Use Permit No. 4078 was granted on June 22, .1999, to permit development of the Pointe Anaheim project with waiver of the required number of parking spaces. The conditional use permit was subsequently modified in 2002, to reflect changes;to the development proposal; including permitting development to occur in up to five phases. Theproposed amendment. includesexhitiits reflecting the modified land uses and density described in the previous' paragraph. The conditions of approval are proposed to be amended to reflect these modifications, Cbnditidnal UsePermit No. 4078, as proposed to be amended, willentitle the types of uses and maximum gross square footage, and includes conceptual site plans and elevations for Area A. The exhibits identify the maximum intensity allowed for Area B and indicate that the Finial Site Plan for Area B shall be subject to the review and approval of the Planning Commission at a noticedpublic hearing. Table 1 "Comparison of the Anaheim GardenWalk Project Approved and Proposed Modifications" in paragraph (13) summarizes the . differences between the previously-approved and proposed Anaheim GardenWalk projects. The specific amendments to the conditions of approval are shown in Attachment D to this staff report. (20) The applicant has submitted plans for Area A indicating development of a 4-level pedestrian-oriented outdoor commercial retail center with approximately 439,600. square feet of specialty retail, restaurantsand entertainment usesbonnecting Disney Way to Katella Avenue.' Plans also indicate development of three hotels. along Clementine Street with primary access from Disney Way and Katella Page 9 Staff Report to the Planning Commission March 6, 2006 Item No. 3 Avehue and secondary access from Clementine Slreet; a 7-level (2 levels below grade)parking structure, and a S to 7 story vacation ownership resort with up to 400 rooms locatedbn top of the parking structure. (21) Plans show that Level i (Exhibits 3A and 4A) includes approximately 70,521 square feet df specialty retail and approximately 12,000 square feet of restaurant space whichwill frontorlto Disney Way: Additionally; Level 1 will include the trahsportation center with fifteen (15pbus parking spaces, approximately 26 valet. parking spaces; and apolice substation and property management offices. Plans indicate that Level 2 (Exhibits 36 and 46) will have approximately 157,598 square feet of specialty retail space ahd approximately 58,028 square feet of restaurant space located primarily along Katella Avenue: Level 2 includes the primary pedestrian entrances to he project, the main retail spine and the primary. pedestrian amenities, including four pedestrian plazas with water features, public works bfart, landscaping and public gatheririg spaces. Leve(3 (Exhibits 3C and 4C) includes approximately 46,423 square feet of specialty retail space:, approximately 27,787 square feet of restaurant space and 66,000 square feetof entertainment space (a multi-plex movie theater), Restau~antSOn this level include e food dourt intended td primarilyserve the movie theaters: Level 4 (Exhibits 3D and 4D) shows he roof plan for the projecF, depicts the locationbf the future bacationrowriership resdrt to be constructed above the parking structure; and the hotel amehity decks foc the three hotels. to be located above the eastern concourse of the retail component:` Final plans for the vacation ownership units and the hotels and amenity decks will be processed as separate Final Site Plans. (22) Building setbacks are proposed as follows: Elevation Proposed Building Landscaped - Current Code Setback Setback : Required Setback Katella 11 feet 0 to 11 feet" 11 feet Avenue Dsne Wa' 20 feet 0 to 20 feet` 20 feet.. West 14 feet minimum to 10 to 14 feet ` 10 feet fully Elevation arkih structure' Iaridsda ed Clementine' ' 20 feet 7 td 20 feet` 20 feet Street ' Amendment No. 6 td The Disneyland Resort SpecifioPlan includes code provisions to alldw pedestrian walkways andbutdobr dining areas to encroach :into the required building setback'areas along Katella Avenue; Disney Way and Clementine Street (See < Attachment C). (23) Vehicular access to the project parking structure is primarily provided by a signalized intersedtfon on Disney Way at the mid-block projecf entrence, and from Katella Averiue of the southwest corner of the project site:. The retail components, hotels and vacation ownership resort would all utilize the same vehicular access and use of the pe~king structure: Bus, taxi and valet vehicular. access to the transportation center and bus parking spaces would tie provided Page 10 I Staff Report to the Planning Commission March 6, 2006 Item No. 3 from Clementine Street Future drop off access to the hotels would also be provided on each hotel site adjacent to Clementine Street. (24) The proposed waiver of the minimum number of parking spaces (6,984 spaces required for the entire project; 4,800 spaces proposed) is analyzed in the Anaheim GardehWalk Transportation Analysis Update; dated February 28 2006, prepared by Meyer, Mdhaddes Associates, Inc. The Traffic Analysis Update also analyzes the parking requirements for Area A (5,626 spaces required; 3,200 spaces proposed) independent of the future development of Area B. The Transportation Analysis which isprovided in AppendixA of the Secohd Addendum tb the Pointe Anaheim Initial Study and Mitigated Negative Declaration concludes that the prdposed number of parking spaces is adequate to serve the development of Area A and theLltimate buildout of the project Findings related to this analysis are included in Attachment D to this staff report. The applicant has indicated that construction of the vacatidn ownership resort units proposed on top of the parking structure would require parking spaces oh the topJevel of theparking structure to be used as a construction staging area. Meyer, Mohaddes Associates; Inc. has conducted an'analysis to determine the number of parking spaces needed for thespecialty retail; restaurants; and entertainment uses during the construction of the vacation' ownership units. This analysis concludes that in the event that one level (approximately 413 spaces) of the parking structure is requfred for construction staging, that there would be adequate parking. to serve the retail; restaurantand entertainment components of the prdject. Thisanalysis is provided in Appendix A of the Second Addendum to the Pointe Anaheim Initial Study and Mitigated: Negative Declaration.: (25) I Public right-of-way improvements, including the dedication and construction of street improvementsalbng Disney Way, Clementine Street and Katella Avenue are proposed as part'of this project. Improvements include the construction of a fourth lane in fronYof the projectalong Katella Avenue, installation of a signalized intersection on Disney Way; and additional improvements along Clementine Street: A complete list of street improvements can be found in Appendix A of the Second Addendum to the Pointe Anaheim Initial Study and Mitigation Negative Declaration. All street fmprdvements are proposed incompliance with The Disneyland Resort Specific Plan. (26) Landscape plans (Exhibits 8A through 8F) provide for the design of the public right-of-way and project site landscaping.:: Plans depict public right-of-way landscaping in compliance with:The Disneyland Resort Specific Plan, including a double-row of date palm trees along Katella Avenue; small and medium size canopy. trees (Chinese Elms) along Disney Way; and alternating vertical trees. (Guadalupe Palms) and medium canopy trees (New Zealand Christmas trees) along Clementine Street. Public right-of-way landscape improvements for all ofi Area A would tie installed prior to the completion of the initial phase of development. (27) On-site landscaping includes layered landscaping within setback areas consisting of trees, shrubs., vines, ground cover and turf, "green walls" (walls planted with clinging vines trained on metal trellises) (Exhibit 8F) will be located throughout the interior and exterior of the project, arbor type trellises are proposed to span the interior concourses and will be planted with various flowering plant materials, and a variety of trees and plants will be located along Page 11 ;a Staff Report to the Planning Commission March 6, 2006 Item No. 3 the interior concourse and plaza areas of the project, as indicated oh Exhibit 8B - _ Overall Site Planting Plan: t.ush landscaping is proposed at the project vehicular entrance on Katella Avenue and along the western edge of the parking structure. (28) Building elevations for the proposed project have been submitted indicating the massing; scale, conceptual design and layout of the development with; and. without developmentbf the hotels and vacation ownership resort uses (Exhibits 5A through 5D): The applicant has also submittedYenderirigs depicting the. project at full build'-out from the vantage pointof Katella Averiue; Disney Way, an interior concourse view and an interior plaza view (Exhibits 1 A through 1D). (29) Building elevations include depictions of the maximum structural height cone in relation to the proposed 6uildirigs, ih oompliarice`with Code Section 18.40.080 relating to tFte structural heightlimitatibns in the Anaheim Commercial Recreatiori Area. The applicant has also submitted a map indicating the maximum structural permitted height(Ezhibit 6 of this staffYeport) fordevelopmentof the project site. (30) The Code currently allows two (2) icon/themed signage elements to be located in the project (locations as showh oh Exhibit No: 5.8.3.f.5)with a maximum height of thirty (30) feet:. With this proposal; the applicaht has submitted revisions to the text of the Anaheim GardenWalk Overlay¢oning ahd development standards to allow the development of one {1) 120-foot high iconic element within the interior of the development (200 feet from Disney Way) and retain the ability to construct a second: icon element in accordance with the Specific Plan at a future date. The location and prelimiharydesign of the element are sFiown on Exhibit No. 12 of the Conditional' Use Permit: The iconic element would tie'visible to the exterior of the project, but is within the height limits of The Disneyland Resort Specific Plan; will be lower thanthe maximum neightbf theproposed hotels, and will not include any signage visible to the ezteriorof the project. (31) The applicant has submitted a comprehensive sign program, public art fulfillment -program, fighting plans; materials color board; roof-mounted equipment screening'plahs,.and grading plans which are furtfier discussed as pan of the. Final Site Plan section of this report: (32} Project actions discussed in this staff report are specific to the proposed Anaheim GardenWalk project, which will be located in the Ariaheim GardenWalk Overlay of The Disneyland Resort Specific Plan No: 92-1 zohe: If, for ome reason, Area B is notdeveloped in connection with these project actions, Area B may be developed under the Land Use and Development Standards for District A of The Disneyland Resort Specific Plan No. 92-T set forth in Chapter 18.114 of the Anaheim Municipal,Code (DiatricfApermits Hotels ahd.restaurants at a density of up to 75 rooms per acre; orothervistor-serving uses subject to the approval of a conditional usepermit). (33) Staff has reviewed the proposed amendments to the conditional Use permit and concluded that the proposed changes are consistent with the goals and policies. of The Disneyland Resort Specific Plan and that the project; asproposed; wilt result in a high quality development thatwill be an asset to The Anaheim Resort and will be compatible with the surrounding land uses: Page 12 Staff Report to the Planning Commission ' March 6, 2006 Item No. 3 Second Amended And Restated Development Agreement No. 99-01: (34) In 1982, the Legislature of the State of California adopted Section 65864, et seq., of the.California Government Code authorizing a cityand an applicant for a development project to enter into a developmentagreement; establishing with certainty what regulations would govern the construction of the development projecf:, On November 23; 1982, the City of Anaheim enacted Ordinance No. 4377 (Section 18.04.120'"Development Agreements" of the Anaheim Municipal Code) making Anaheim subject to the State statute and adopted Resolution Nn: 82R-565 (Procedures Resolution) establishing procedures and requirements for the consideration of tlevelopment agreements upon receipt of an application by the City.;; (35) Pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution, William J. Stone, as authorized agent for Anaheim GW, LLC, submitted an application to the Planning Department for approval of the Second Amended and Restated Development Agreement No. 99-001. (also known as Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01), to vest certain project entitlements and further address the implementation of the - Anaheim GardenWalk project; as it is propgsed to be modified including development in two areas (Areas A and B). The Development Agreement is provided as Exhibit A of the resolution in Attachment E of this request. Major Provisions of the Agreement (36) The Second Amended and Restated Development Agreement provides a vested right tb develop the project; which is proposed to be developed in two areas (Areas A and l3)'. The Agreement also provides certainty regarding rules, regulations and fees. Mutual objectives of the parties include the private assemblage of multiple parcels of land; and the orderly, cbordinated and integrated development df the project. The basic term of the Agreement is ten. (10) years. The Development Agreement implements the proposed land use entitlements and project actions currently before the Planning Commission; and, if there is any conflict between the Agreement and the land use entitlements/project actions, the land use entitlements/project actions prevail Specific objectives df the City include creating additional retail sales and transient occupancy tax tiase for the City; providing additional quality hotel rooms and retail, dining and entertainment uses complimentary to The Anaheim Resort for residents and visitors; and extending the length of stay for Anaheim visitors; providing a fully.integrated and coordinated development; assuring that the project will be developed as described in the land use entitlements/project actions including: the development plan; conditions of approval and mitigation measures; and; maximizing the opportunity for site assemblage. Specific objectives of the developer include assurance that the project will not be reduced in density; intensity or use, and not subjected to new rules, regulations, ordinances or official policies; br delays. Page 13 Staff Report to the Planning Commission March 6, 2006 Item No. 3 (37) Based upon a review of the proposed amendment to the Development Agreement, staff has determined that this Agreement is consistent with the " °" General Plan and The Disneyland Resort Specific Plan; as proposed to be amended;. that the Agreement is compatible with the uses authorized in-and the. regulations prescribed for in The Disneyland Resort Specific Plan; as proposed for amendment; 'and that the Agreement incompatible with the orderly development of property ih the surrounding area. Recommended findings. regarding the Development Agreemenfamendment aro provided for Planning Commission's consideration in Attachment E td this'staff report: ' (38) An Amendment to the Disposition and Development AgreemenYby and between. the City of Anaheim and Anaheim GW, LLC will be considered by the City Council in conjunction with their consideration of the Second Amended and Restated Developmeht Agreement No: 99-OT: Tentative Parcel Map No. 2002-205: (39) The applicant proposes to establish a 7-lot, including 1air-space, non-residential condominium subdivision foraportionof the Anaheim GardenWalk project site within Area A. The proposal would reconfigute parcels to adcdmmodate developmenfof the Anaheim GardenWalk' project,. as proposed: Area A also includes a separate existing.1.33-acre parcel (shown as "Existing Zaby's Parcel (Not a Part)" on the proposed parcel map) that is controlled by the applicant under along-term lease and will be develdped as part of this project. (40) The tentative parcel map indicates the following information: (41) Parcel Nos. 1, 2 and 3 include air space hotel parcel designations located above Parcel No. 4 to provide for future hotel amenity decks that would be located above the retail concourse levels below. The decks would be accessible from the adjacent hotel parcels Parcel No. Parcel Size in Acres Proposed Land Use (Air Space Hotel - Parcel Size t(including 2.33 (+0.23) ' Hdtel (and hotel amenity deck) Airspace Hotel Parcel 1 2 (including Air 1.46 {+0.27) Hotef (and hotel amenity deck) Space Hdtel' Paroel 2 3 (including Air 1.43 (+0.35) Hotel (and hotel amenity deck) Space Hotel. Parcel 3 4 8.04 Retail, restaurants and entertainment 5 0.21 Restaurant 6 4.50 Parkirl Structure: 7 (Air Space 3.74 Vacation Ownership Resort Parcel for (located above parking structure) Timeshare Condominiums Page 14 Staff Report to the Planning Commission March 6, 2006 Item No. 3 (42) Vehicular access would be provided for the entire project through a required reciprocal parking and access agreement: The 3,076 parking spaces proposed as part of the initial phase of development would provide parking for all of the uses prescribed as part of this parcel map: An additional 126 parking spaces would beprovided prior to construction of the final hotel in Area A. (43) Since the proposed tentative parcel map is for commercial; rion-residential purposes to support the development of a mixed-use cdmmerciaf development, the proposed subdivision, including the one air-space parcel, is consistent with the General Plan and The Disneyland Resort Specific Plan: The size and shape of the property is suitable to establish the proposed subdivision and to accommodate the associated development intensity. Final Site Plan No. 2006-00002 (44) The Disneyland Resort Specific Plan, Anaheim GardenWalk Overlay requires the processing of Final Site Plans prior to the issuance of building permits in Area A: :.Final Site Plans are required for each phase of development of the Anaheim GardenWalk project to be submitted to the Planning Commission for review and approval at a public meeting prior to the issuance of a building permit. If the Final.Ste Plan is fouhd to be in cohformance with the Specific Plan; Code 'specifies that the Commission shall approve the Final Site Plan. Final Site Plans for Area 8, if Amendment No. 6 to the Specific Plan is approved, would be required td be submitted for Commission's review and approval at a noticed public hearing. (45) The applicant requests review and approval of the first Final Site Plan for Area A, including site/floor plans (levels 1 through 4), building elevations, roof plans, a comprehensive sign program, landscape plans, preliminary grading plans, public art program, and lighting plans for the initial phase of development, including the construction of approximately 439,600 square feet of special retail, restaurants,: and entertainment uses and parking facilities with 3,076 parking spaces, a transportation center and 15 bus parking spaces:: Exhibit Nos. 1 through 12 of Conditional Use Permit No. 4078, as proposed for amendment, including sitelflobr plans, building elevations, and landscape plans, also serve as exhibits td the Final Site Plan. (46) A comprehensive Sign Program, including project .identification signs, parking. structure entry andparking structure identification signs, on-site directional guidance signs and business identifidation signs is provided in Exhibit No. 10, Pages 1 through 37. (47) A Public Art Fulfillment program (Exhibit 11, Pages 1 through 42) has been submitted indicating a preliminary budget and design plans for public art pieces included in the project. Public art pieces will include four (4) water features, a bronze statue of Kate and Ella (local history reference), paving narratives; and a variety of torchie~es (lighting) and LED (Light Emitting Diode) lighting features.. (48) The lighting program (See pages 1 through 19 of Exhibit 13 and Exhibit 14) includes sample lighting features, a colored rendering of the project at night showing proposed lighting designs, as'well as detailed lighting fixture plans and schedules. Page 15 Staff Report to the Planning Commission March 6, 2006 .Item No. 3 (49) The applicant has submitted aroof-mounted equipment screening plan (Exhibit 15) indicating that altroof-mounted equipment shall be located in a manner that will fully screen it from view of the public. right-of-way. Mechanical equipment visible within the interior of the project shall tie screened with "greenwalls'" (planter pots with rapid growing clinging vines) located adjadent to the mechanical equipment screens. All mechanical equipment screens will be painted to match the adjacent roof/fagade colors to blend with. the surrounding environment- ENVIRONMENTAL IMPACT ANALYSIS (50) In conjunction with approval of The Disneyland Resort Specific Plah No. 92-1; the City Council; on June 22, 1993, certified Final Environmental Impact Report ("EIR") No. 311 (State Clearinghouse No. 91051055);'adopted aStatement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Mdnitdring Program ("MMP") No: 0067 inbdmpliahce with the California EnvirdhmentatOuality Acf (CEQA): The Final EIR analyzed the environmehtaf effects resulting frdm development of The Disneyland Resort Specific Plan, including develdpmehf of the Pointe Anaheim project area at the density provided forat that timer MMP No: 0067 included measures to mitigate the significahfenvironmerital impacts associated with the Specific Plan, with the exception of impacts thatwere addressed in the Statement df Overriding Cohsideratidns.' Ah Addendum to EIR No;'311, along with modifications to MMP No. 0067, were subsequently adopted by the City Couricil in October 1996 in connection with adoption of Amendment No. 3 to The Disneylantl'ResorFSpecific Plan: Oh June 22,.1999; in connection with the approval of an amendment to the Specific Planand other related actions to provide for the development of the Pointe Anaheim prbject; the Council'approved aMitigated Negative Declaration (State Clearinghouse No: 99011053)and Mitigatioh Mdnitoring Plah No. 004 and determined their adequacy to serve as the tequired environmental documehtatidh for the project actions (i.e. General Plan Amehdment No. 359, Amendment No. 4 to the Disneyland Resdrt Specific Plan, Conditional Use ' Permit No'. 4078, Amendment to The Ahafteim Resort Public Realm Landscape Program; ahd Development Agreement No. 99-01). (51) In 2002, iri connection with approval of project actions associated with an amendment to the Pointe Anaheim Project consisting of General Plan Amendment Nd: 2001-00393; Amendment Nd 5 to The Disneyland Resdrt Specific Plan No. 92-1; Amendmeht Nd. 3to The Ahafieim Resort Public Realm Landscape Program.; Amehtlmeht td Cdnditidhal Use Permit Nd. 4078, and 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, the City Council, by its Resdlutiort 2002R-53 dated February 26, 2002; determined that the previously-approved PointeAnaheim' Initial Study and Mitigated Negative Declaration tdgetherwith'an Adderidum`(dated October 29, 20Q1"and revised February 11, 2002); and Modified Mitigation Monitoring Program No. 004, were adequate to serve as therequired'ernirohmehtaf documehtatioh for the proposed project actions, (52) In connection with the prdposed project actions described in this report, a Second Addendum to the Pointe Anaheim initial Study and Mitigated Negative Declaratipn dated March 1, 2006.; and Modified Mitigation Monitoring Plan Nd Page 16 1 Staff Report to the Planning Commission March 6, 2006 Item No. 3 004a have been prepared under the City's direction in compliance with CEQA .and the CEQA Guidelines: This Addendum with its appendix has been provided to the Planning Commission and is available for review in the Planning Department. This Second Addendum includes an ahalysis of the differences between the approved Anaheim GardenWalk (Pointe Anaheim) project and the proposed project modifications and updates to reflect current circumstancesand information in order to determine whether any significant environmental impacts which were not identified ih the previously-approved Mitigated Negative Declaratiortwould result or whether previously identified significant impacts would be substantially more severe. The Addendum also describes the minor modifications to Modified Mitigation Monitoring Plan No. 004a (provided in Attachment A to this staff report) which are necessary tgYeflect theproposed project actions:: The proposed modifications to the mitigation measures are also described iri the Addendum. (53) As demonstrated by the analysis included in the Second Addendum for all - environmental issues, the proposed actions will not result in new significant impacts or substantial increases in severity of previdusly-identified significant. impacts; therefore, nd supplemental or subsequent environmental review is . required: Staff review further indicates that the previously-approved Mitigated Negative Declaration; with the Second Addendum and Modified Mitigation Monitoring Plan No. 004a, are adequate to serve as the.~equired environmental. documentation for the proposed project actions: FfNDINGS (54) Before the Commission grants any specific plan amendment, it must make a finding of fact that the evidence presented shows ttiatall of the following conditions exist (a) That the property proposed for the specific plan has unique site characteristics such as topography, location or surroundings that are enhanced by special land use and development standards; (b) That the specific plan is consistent with the goals and policies of the General Plan and with the purposes., standards and land use guidelines therein; (c) That the specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; (d) That the specific plan respects environmental, aesthetic and historic resources donsistent with economic realities. The Commission must also determine whether the proposed Agreement is consistent with the General Plan, compatible with the uses authorized in and the regulations presc~ibetl for the applicable zoning district; compatible with the orderly developmentofproperty ih ttie surrounding area and not dtherwise detrimental to the health, safety and general welfare of the citizens of Anaheim.. Page 17 a Staff Report to the Planning Commission March 6, 2006. Item No. 3 (55) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following """ conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsectidn .030 (Unlisted Uses Permitted) of Section 18.66.040. (Approval Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which iris proposed to be located, (c) That the size and shape of the site proposed for the use inadequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety;; (d) Thaf the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any; wilt not be detrimental to the health and safety of the citizens of the City of Anaheim. (f) That; with regards to the provision of vacation ownership resort units as part of this conditional use permit, that there are adequate visitdr-serving facilities iti the City and that the project wilt not precludeor significantly reduce the development of other needed tourist facilities or hotel or motel facilities. (56) Section 18.42.110 of the parking code sets forth the following findings which are required to be made before a parking. waiver is approved by the Planning Commission: (a) That the waiver., under the conditions imposed, if any; will not cause fewer off-street parking spaces to be provided for the proposed use than the numberof such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably Foreseeable conditions of operation of such use: (b) That the waiver; under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use> (c) That the waiver, under the cdnditioris imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property ih the immediate vicinity of the proposed use. (d) That the waiver, under the conditions,mposed, if any, will nofincrease traffid congestion within the off-street parking areas or lots provided for the proposed use. Page 18 'l Staff Report to the ' Planning Commission. March 6, 2006 Item No. 3 i (e) That the waiver, under the conditions. imposed; if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this section; the granting of the waiver shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensitypf the use as contained in the Parking Demand Study that formed the basis for approval of the waiver. Exceeding, violating; intensifying or otherwise deviating from any of the. assumptions as contained in the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the waiver, which shall subject the waiver to revocation of modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). (57) Pursuant to the Procedures Resolution, the Planning Commission is required to make a recommendation tb the City Council relative to the proposed Development Agreement: -The Planning Commission must determine whether the applicant has demonstrated eligibility to enter into the Development Agreement by finding tfie project satisfies one. or more of the eligibility. requirements set forth below: (a) That the project shall occupy at least 50 acres; or (b) That, upon completion; the project shall result in the construction of al least. 250 dwelling units; 250,000 square feet of commerciaFoffice space, or 250,000 square feetbf industrial space; or (c) That the project will be constructed in phases over an anticipated period of not less than 5 yeas; c~ (d) That a project shall be eligible if the Planning Director finds that the public health,. safety or general welfare of the citizens of Anaheim wilt best be served by accepting an application for consideration by the Planning Commission and City Council (58) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tentative parcel map, a specific finding. that the proposed Subdivision together with its desigh and improvement is consistent with the City's General Plan. Further, the law requires thatthe Commission make any of the following findings wheh denying or recommending denial of a parcel map: (a) That the proposed map is not consistenfwith applicable General and Specific Plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. (c) That the site is not physically suitable for the type bf development. Page 19 • a Staff Report to the Planning Commission March 6. 2006. Item No. 3 (d) That the site is not physically suitable for the proposed dehsity of development. (e) That the design of the subdivision or the proposed improvementsare likely tobause substantial environmental damage or substantially and avoidably injure fish' or wildlife of their habitat.' (f) That the design of the subdivision or the type bf improvements is likely to cause serious public Health problems; (g) < That the design of the subdivision or the type of improvements will bonflict with easemerits acquiri:d by the publid at lafge; for access through or use ofpropertywithin the proposed subdivision: RECOMMENDATION: (59) Staff recommends that unless additional or contrary information is received during the public hearing and; based upon its reviewand consideratipri of the Second Addendum to the Pointe Anaheim Initial Studyand Mitigated Negative Declaration/Modified Mitigation Monitoring Program No 004a and the evidence submitted to the Planning Commission, including the evidence presented in this Staff Report; and drat and written evidence presented at the public bearing, the Commission take the following actions: (a) 8y resolution (Attachment A); determine and recommend that the City Council determine hat the previously-approved Pointe Anaheim Initial Studyand Mitigated Negative Declaration together with the Second Addendum dated March 1, 2006, and the Modified Mitigation Mbnitdring Program No. 004a are adequate to serve as the required environmental documentation fdr the proposed project actions by adopting the attached resolution including the findings contained therein: (b) ` ' By resolution (Attachment B); recommend that the City Council adopt General Plan Amendment No. 2005-00440, amending the Land Use Element of the Gerieral Plari; Table LU-4 "General Plan Density Provisions for SpecifidAreas of the City'to reflect currenfdevelopment proposals for. the Anaheim GardenWalk project by adopting the attached resolution including the findings contained therein: (c) By resolution (Attachment C}; recommend that the City Council a rove Amendment No: 6 to The Disneyland Resort Specific Plan No. 92-9, including, but not limited to, amendments to the Land Use Plan, Public Facilities Plan, Design Plan, Genera(Plan Consistency; Zoning and Development Standards and conditions of approval td reflect the proposed modifications to the Anaheim GardenWalk project by adopting the attached resolution including the findings contained therein: (d) By motion, a rove the waiver pertaining to the minimum number of parking spaces based on the findings set forth in Attachment D and the analysis provided as part ofthe Second Addehdum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration.. Page 20 Staff Re ort to the P Planning Commission March 6, 2006 Item No. 3 (e) By resolution and its findings (Attachment D), approve an amendment to Conditional Use Permit No. 4078 to reflect the proposed modifications to the Anaheim GardenWalk project including modifications to the previously- approved conditions of approval and a waiver of the minimum number of parking spaces by adopting the attached resolution including the findings contained therein, (f) By resolution and its findings (Attachment E), recommend to the City Council that the applicant has demonstrated eligibility to enter into the Second Amended and Restated Development Agreement Nd. 99-01; and, that the Second Amended and Restated Development Agreement No. 99- 01 be approved and entered into by the City of Anaheim and Anaheim GW, LLC by adopting the attached resolution including the findings contained therein.. (g) By motion, approve Tentative Parcel Map No. 2002-205 by adopting the attached parcel map excerpt (Attachment F) including the findings contained therein: (h) By motion, approve Final Site Plan No: 2006-00002 (as shown on Exhibit Nos. 1 through 19 on file in the Planning Department) by adopting the attached excerpt (Attachment G) including the findings contained therein, (i) By motion, recommend City Council review of Item Nos. 3d, 3g, and 3h. Page 21 LIST OF ATTACHMENTS Attachment A Draft Resolution - CEQA Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration Exhibit A - Modified Mitigation Monitoring Program No. 004a Attachment B Draft Resolution -General Plan Amendment No. 2005-00440 Exhibit A -Table LU-4: General Plan Density Provisions for. Specific Areas of the City. Attachment C Draft Resolution -Amendment No. 6 to The Disneyland Resort: Specific Plan No. 92-1 Exhibit A - Proposed Amendments to The Disneyland Resort Specific Plan No. 92-1 Section 1.0 Executive Summary Section 2.0 Planning Context Section 3.0 Land Use Plan Section 4.0 Public Facilities Plan Section 5.0 Design Plan Section 6.0 General Plan Consistency -Pointe Anaheim Overlay Section 7.0 Zoning and Development Standards Section 8.0 Zoning Explanation Section 10.0 General Plan Amendment Exhibit B - Conditions of Approval Attachment D Draft Resolution -Amendment to Conditional Use Permit No. 4078, including donditions of approval Attachment E Draft Resolution -Second Amended and Restated Development Agreement No. 99-01 Exhibit A - Second Amended and Restated Development Agreement No. 99-01 Attachment'F Draft Except -Tentative Parcel Map No. 2002-205 Attachment G Draft Excerpt -Final Site Plan No. 2006-00002. DRAFT RESOLUTION NO. PC2006- A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING, AND RECOMMENDING THAT THE CITY COUNCIL DETERMINE, THAT THE PREVIOUSLY-APPROVED POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION TOGETHER WITH THE SECOND ADDENDUM DATED MARCH 1, 2006 AND MODIFIED MITIGATION MONITORING PROGRAM NO. 004A ARE ADEQUATE TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS WHEREAS; in conjunction with approval of The Disneyland Resort Specific Plan No: 92-1 and General Plan Amendment No. 331, the City Council by its Resolution No. 96R-107 dated June 22, 1993, certified Final Environmental Impact Report No. 311, adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program ("MMP") No. 0067 in compliance with the California Environmental Quality Act (CEQA); and further determined that the Final EIR addresses the environmental impacts and mitigation measures associated with the development of The Disneyland Resort and associated actions and MMP No. 0067 ensures compliance with the adopted mitigation measures (the "Final EIR"); and WHEREAS, in conjunction with the approval of Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1, the City Council by its Resolution No.96R-176 dated October 8, 1996, determined that the previously-certified Final EIR together with the Addendum to the Final EIR dated July 31, 1996 (the "Final EIR Addendum") and the Modified Mitigation Monitoring Program No. 0067 were adequate to serve as the required environmental documentation for the project action; and WHEREAS, in conjunction with approval of the project actions associated with the Pointe' ' Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") consisting of General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1, Amendment to The Anaheim Resort Public Realm Landscape Program, Conditional Use Permit No. 4078 and Development Agreement No. 99-1, the City Council, by its Resolution No. 99R-133 dated June 22, 1999, approved the Mitigated Negative Declaration and the'Mitigation Monitoring Program No. 004 for the Pointe Anaheim Project, and determined their adequacy to serve as the required environmental documentation for the project actions (the "Pointe Anaheim Mitigated Negative Declaration"); and WHEREAS, in conjunction with approval of project actions associated with an amendment to the Pointe Anaheim Project consisting of General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3 to The Anaheim Resort Public Realm Landscape Program; Amendment to Conditional Use Permit No. 4078, and a request for the City of Anaheim to enter into the First Amended and Restated Developmenf Agreement No. 99-1 with Excel Pointe Anaheim, LLC, the City Council, by its Resolution 2002R-53 dated February 26, 2002, determined that the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with an Addendum (dated October 29, 2001 and revised :February 11, 2002), and Modified Mitigation Monitoring Program No. 004 (the "'First Addendum), were adequate to serve as the required environmental documentation for the proposed project actions; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel: and Suites property located at 1700 South Harbor Boulevard; and -1- PC2006- WHEREAS, on December 12, 2005; the Planning Commission, by motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver pf minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza .Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted applications for General Plan Amendment Np. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces), a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01) by and between the City and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205 and. Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council concurrently with the above applications, all of which applications pertain to amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific Plan; .Pointe Anaheim Overlay under the ownership and/or control of Anaheim GW, LLC (hereinafter the city-initiated applications and the applications submitted by Anaheim GW, LLC are referred to as the "Proposed Project Actions'); and WHEREAS, the proposed changes relate to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants., and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and_ WHEREAS, CEQA and the CEQA Guidelines establish the type of environmental documentation which is required when changes to a project occur after an EIR is certified or a negative. declaration is adopted for a project. Section 15164 of the CEQA Guidelines establishes the use of an- Addendum as subsequent environmental documentation if some changes or additions to a previously- certified EIR or previously approved Mitigated Negative Declaration are necessary but none of the conditions described in Section 15162 calling for preparation of a supplemental or subsequent EIR have occurred; and WHEREAS, in connection with the Proposed Project Actions, an Addendum, dated March 1, 2006, to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration has been prepared, a copy of which is on file in the Planning Department and incorporated herein by this reference as though set forth in full (the "Second Addendum"). The Second Addendum has been provided to the Planning Commission and is available for review in the Planning .Department: The Second Addendum summarizes previously-approved actions and analyzes the Proposed Project Actions as well as updates the analysis to reflect current circumstances and information in order to determine whether any significant environmental impacts which were not identified in the previously-.approved Mitigated Negative Declaration would result or whether previously identified significant impacts would be substantially more severe. The Second Addendum also describes the minor modifications to the mitigation measures set forth in the Modified. Mitigation Monitoring Program No. 004 which are necessary to reflect the proposed project actions. The Modified Mitigation Monitoring Program No. 004a, provided as Exhibit A to this Resolution and incorporated herein by this reference as if set forth in full, includes the modified mitigation measures as set forth in the Addendum and replaces and supercedes the Modified Mitigation Monitoring Program No. 004; and WHEREAS, the Anaheim 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 March 6, 2006, at 2:30 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, Chapters 18.60 (Procedures) to hear and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and -2- PC2006- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, having considered the previous environmental documentation for the project, including the Pointe Anaheim Mitigated Negative Declaration and the First Addendum, and the Second Addendum to the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration dated February 22, 2006 and the Modified Mitigation Monitoring Program No. 004a in Exhibit A to this Resolution, and after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence submitted to the Commission, including the evidence presented in the staff report, and oral and written evidence,,... presented at the meeting, does hereby find and determine and recommend that the City Council, based upon its independent evaluation of the evidence submitted to the City Council„ determine that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and the Modified Mitigation Monitpring Program No. 004a are adequate to serve as the required environmental documentation for the Proposed Project Actions based upon findings that: 1. Pursuant to the provisions of the CEQA, the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and the Modified Mitigation Monitoring Program No. 004a were prepared in compliance with the requirements of CEQA and the State and City of Anaheim CEQA Guidelines; and 2. That based upon the evidence submitted and as demonstrated by the analysis included in the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration: a There have not been substantial changes in the project that require major revisions to the previous EIR or Mitigated Negative Declaration because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous EIR or Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and d: There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete and the Mitigated Negative Declaration was approved, that shows any of the following: (a) the project will have one or more significant effects not discussed in the previously certified EIR and previously-approved Mitigated Negative Declaration., (b) significant effects previously examined will be substantially more severe than shown in the previously certified EIR and previously-approved Mitigated Negative Declaration, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the final EIR and approved Mitigated Negative Declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. BE IT FURTHER RESOLVED, pursuant to the above findings, that the Anaheim City Planning Commission, determines and recommends that the City Council determine that the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with the Second Addendum dated February 22, 2006 and the Modified Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental documentation for the Proposed Project Actions. -3- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE. ) ss CITY OF ANAHEIM 1 I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES:... COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- o z ~ d u d ~ N ' u abi O ~ N y d 'D ~ ~ h .. - O Oi ttl- ~ U Q W U ` > U O p z C N ~ O U z ~~ z ~ ~ a Eg m a o ~ .5 0 ~ x °= ~, z -• E Y a. ~ d , ,~ ~ v E vai o 4 fl W cn o '~ w (7 a° '~ a Q O ~ a M y O o. d z~ c o y o v u ~ ~ d ~ d ~ oa ~ ~ ~ ~ . oxzC A Q•~ ~ 'b O ~ ~ ~ O N ~ C yl N d ~ ~ ~ ¢ Q 'p q 0¢ N N C U N O U ~ O N O E ~ G v i . 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L ~+3 yl Q l0 U S.µl W tk ~ n~~ J y„ N N ~p <a, l0 .oE ~ ~"d~ -Q ~~ c vv rn~ ~~- °~ ~ ~ aciU a° ~~' v. N U ~ r w ~ e ~ d ~~e6r~ of ;,;, ri RESOLUTION NO. PC2006- A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2005-00440 PERTAINING TO THE LAND USE ELEMENT (THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1, ANAHEIM GARDENWALK OVERLAY) WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the Oity Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plah, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted applications for General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces), a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99-01 (Amendment No: 3 to the First Amended and Restated Development Agreement No. 99-01) by and between the City and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205 and Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council concurrently with the above applications, all of which applications pertain to amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay under thebwnership and/or control of Anaheim GW, LLC (the city-initiated and applications and the applications submitted by Anaheim GW, LLC are hereinafter referred to as the "Proposed Project Actions"); and WHEREAS, the proposed changes relate to the mix and allocation of lahd uses, zoning standards, phasing, project layout and minor modificatiohs to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment,.including amultiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, the applicant has requested an amendment to the Land Use Element of the General Plan to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City/General Plan Density Provisions for Specific Plans Within The Anaheim Resort ahd for The Platinum Triangle Area" (heretofore referred to as "Table LU-4") to reflect modifications to the Pointe Anaheim Lifestyle Retail and -1- PC2006- Entertainment Complex (heretofore known as the "Anaheim GardenWalk project") as provided for in the Pointe Anaheim Overlay (heretofore known as the "Anaheim GardenWalk Overlay") of The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, General Plan Amendment No. 2005-00440 proposes to amend Table LU-4"ditfie Land Use Element of the General Plan to reflect the following density for The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay: up to 569,750 square feet of specialty retail, restaurants, and, entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel .accessory uses; a transportation center, and 4,800 parking 'spaces; and WHEREAS, the proposed modifications to Table LU-4 are shown in Exhibit "A" attached to this Resolution and incorporated herein by this reference as if set forth in full; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 6, 2005, at 2:30 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, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due consideration, inspection, investigation and stutly made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the evidence presented substantiates the rteed for an amendment to the Anaheim General Plan and that the proposed amendment maintains the internal consistency of the General Plan as the proposed modificatiohs to the Anaheim GardenWalk Overlay are consistent with the goals and policies set forth in .the General Plan for the Commercial Recreation land use designation and The Anaheim Resort and the modified. density does not result in the need for additional infrastructure improvements or public facilities, beyond those previously planned for The Anaheim Resort.. 2. Tfte proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The proposed amendment would maintain the balance of land uses within the City; and CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including General Plan Amendment No. 2005-00440, and did find and determine and recommend that the City Council find and determine by its Planning. Commission Resolution No. 2006- pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the Second Addendum to the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this General Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above .findings, the Anaheim Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2005-00440 pertaining to Table LU-4 to reflect modifications to The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay as set forth in Exhibit "A" to this Resolution. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to -2- PC2006- the issuance of building permits for this project, whichever occurs first. Failure tc pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim'Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 6, 2006; by the following vote of the members thereof: AYES: COMMISSIONERS. NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2006 IN WITNESS WHEREOF; I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2006- Exhibit A TABLE LU-4' GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Desi nations Permitted Densit The Mountain Park Low Medium Hillside Density 485 Area Residential (Up to 6 du/ac) 2,015 Low Medium Density Residential (Up to 2,500 dwelling units) ('Up to 16 du/ac) Area „A„ (Parcel Map Low-Medium Density Residential Up to 140 dwelling units 94-205) The Disneyland Resort Specific Plan Commercial Recreation See Note No. 1 on next page. SP92-1 Area The Anaheim Resort® Specific Commercial Recreation See Note No. 2 on next page. Plan SP92-2 Area Hotel Circle Specific Commercial Recreation The Hotel Circle Specific Plan allows for a Plan (SP93-1) Area master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full-service restaurants, conference room/banquet facilities, pool and spa areas, tour bus/shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Mixed-Use Up to 9,500 dwelling units at densities up to Triangle Area 100 dwelling units per acre; up to 3,265,000 s.f. of office development at maximum FAR of 2:00; and, up to 2,254,400 s.f. of commercial development at a maximum FAR of 0.40. Office High and Office Low Up to 1,735,000 s.f. of office development at a maximum FAR of 2.0 for properties designated Office-High and a maximum FAR of 0.50 for properties designated Office-Low. The Stonegate Low Density Residential Up to 35 dwelling units Development Area -4- PC2006- TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC p1 ARIC 1R/ITLIIRI Tur AMAUCIRA p_. ~CnpT nR1n rno Tuc o~ nTIRI11R11 TplnRlr`I c npcn gREAS OF THE CITY CONTINUED Note No. L The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi-day vacation designation resort including ongoing modifications to the Disneyland theme park, the development ofa - new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking facilities, and an inlemal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C-R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations forhotel/motel development in the Hotel District (up to 5;600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel/motel rooms per gross acre or 75 hotel/motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C-R Overlay (the maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density - up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density - up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel/motel rooms which exceeded the maximum density designation, the number of rooms existing on the dale of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor-serving commercial/retail and restaurant uses along with these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Feints-Anakeirn ratail/dia' Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Reiate-Aaaheim-Anaheim GardenWalk Overlay encompasses District A and the portion of the Parkin District East Parkin Area /CR Overla south of Disne Wa . Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 549.5 acres within the C-R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City-owned property as well as the existing Anaheim Hilton Hotel; and, the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks within the C-R District and provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to another land use. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C-R District. These designations are based upon hotel/motel development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel/motel (including accessory uses) density as determined by the City Traffic and Transportation Manager pdor to Final Site Plan review and approval. The density designations are as follows: "Low Density," which has a maximum density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low-Medium Density," up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Medium Density," up l0 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre, or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified al their existin densi NOTE: Removed words are shown with stakeeut and new words are shown in bold italic. -5- PC2006- DRAFT RESOLUTION NO. PC2006- A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT NO. 6 TO " " THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING AMENDMENTS TO THE SPECIFIC PLAN TEXT, GRAPHICS, ZONING AND DEVELOPMENT STANDARDS, AND CONDITIONS OF APPROVAL) WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on June 29,.1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to the establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending. Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A," redesignated a portion(approximately 9 acres) of the East Parking Area to District A, and established "Zoning and Development Standards" for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22; 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3; which amendment encompassed modifications to The Disneyland Resort Projectincluding aRevised Phasing Plan and modifications to the Specific Plare Guidelines and Public Facilities Plan to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document; and WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously. amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which. amendment established "Zoning and Development Standards" for the Pointe Anaheim Overlay; modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and redesignated a portion of District A (18.9 acres) and Parking District (East Parking Area)/C-R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan. No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Use Plan, the Public Facilities Plan, the Design Plan, Zoning and Devlelopment Standards, and the Conditions of Approval; and PC2006 DRAFT WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW; LLC and that. is further. described as the Anaheim Plaza Hotel and Suites propertylocated at 1700 South Harbor Boulevard; and WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan. and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, l_LC, submitted applications for General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces), a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99- 01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01) by and between the City and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205 and Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council concurrently with the above applications, all of which applications pertain to amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay under the ownership and/or control of Anaheim GW, LLC (the city-initiated applications and the applications submitted by Anaheim GW; LLC are hereinafter referred to as the "Proposed Project Actions"); and WHEREAS, the Anaheim GardenWalk Project area consists of approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue; having approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street); 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way; and that the project area includes buildings at the following addresses: 1700 South Harbor Boulevard (Anaheim Plaza Hotel and Suites); and WHEREAS, proposed Amendment No. 6 to The Disneyland Resort Specific Plan No. 92- 1 encompasses text and exhibit changes throughout the Specific Plan document to reflect the Anaheim. GardenWalk Project, as proposed to be modified, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program; and WHEREAS, the proposed changes encompass text and exhibit changes throughout the Specific Plan document and relate to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1;628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and -2- PC2006 DRAFT WHEREAS, Amendment No. 6 to the Disneyland Resort Specific Plan text and exhibits, incorporating the changes recommended for approval by the Planning Commission, are identified in Exhibit A to this Resolution and incorporated herein; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim nri March 6, 2006, at 2:30 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, Chapters 18.60 (Procedures) 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; after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public hearing process, and after incorporating staffs corrections and certain other revisions made during the public hearing on March 6, 2006, the. Planning Commission DOES HEREBY FIND:: 1. That the Anaheim GardenWalk Overlay, which is the subject of Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, is uniquely sited adjacent to a Resort SmartStreet (Katella Avenue), two major arterial highways (Harbor Boulevard and Disney Way) and one secondary arterial highway (Clementine Street} in the Anaheim ResortT^" and encompasses ten parcels totaling 29.1 acres which would be enhanced by the consolidation of the parcels to develop the Anaheim GardenWalk Project in accordance with the land use and site development standards of the Anaheim GardenWalk Overlay, as proposed to be amended.: 2. That as demonstrated in Section 6.0 (General Plan Consistency) of the Specific Plan document, as proposed for amendment, the Anaheim GardenWalk project, as amended is consistent with the goals and policies of the General Plan, as proposed for amendment pursuant to GenerabPlan Amendment No. 2005-00440, and with the purposes, standards and land use guidelines therein. 3. That Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the Anaheim GardenWalk 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 Anaheim GardenWalk Project includes the consolidation of several smaller parcels which is encouraged by the Specific Plan; that the Anaheim GardenWalk 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 Anaheim GardenWalk Project will provide for the development of up to 569,750 square feet of specialty retail., restaurants, and entertainment uses, 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; amulti-plex movie theater; a transportation center, and 4,800 parking spaces and 15 bus spaces, which will be compatible with existing, approved and proposed visitor-serving uses in the surrounding Anaheim ResortT"" area 4. That Amendment No. 6 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 Anaheim GardenWalk Overlay and The Anaheim ResortT"' with the implementation of the Anaheim GardenWalk 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 Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative peclaration and Modified Mitigation Monitoring Plan No. 004a also address project-related environmental impacts and provide for the feasible mitigation of said impacts. 5. That, in conjunction with the initial adoption of The Disneyland Resort Specific Ptan 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 -3- PC2006 DRAFT determined that Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 is cdnsistent with the above-noted findings. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including Amendment No. 6 to The Disneyland- Resort Specific Plan No. 92-1, and did find and determine and recommend that the City Council find and determine by its Planning Commission Resolution No. 2006-_, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21.166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Amendment to The Disneyland Resort Specific Plan and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment to The Disneyland Resort Specific Plan. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Ciry Planning Commission does hereby recommend that the City Council, by ordinance, adopt Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Specific Plan text and graphics, zoning and development standards, and conditions of approval); and that the proposed amendments to the Specific Plan text and exhibits are identified in Exhibit A to this Resolution and incorporated herein; and BE IT FURTHER RESOLVED that the Anaheim Ciry 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 of approval set forth in Exhibit B and incorporated herein. 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application.. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNJNG COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. , CITY OF ANAHEIM ) -4- PC2006 DRAFT I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2006 EXHIBIT A Amendment No. 6 to The Disnevland Resort Specific Plan No. 92-1 In addition to the text and exhibit changes indicated in the following pages, changes listed below are hereby made throughout The Disneyland Resort Specific Plan No. 92-1 as part of this amendment and will be reflected in The Disneyland Resort Specific Plan, as amended, following the City Council's adoption of Ordinances approving Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1. Change project name from "Pointe" Anaheim Project" and/or "Pointe* Anaheim Lifestyle and Retail and entertainment Complex" to "Anaheim GardenWalk project". 2. Change "Pointe Anaheim Overlay" to "Anaheim GardenWalk Overlay". Capitalize the letter "t" in "The Disneyland Resort Specific Plan" and "The Anaheim Resort". 4. Update Code Section references to reflect the Anaheim Municipal Code, Title 18, as amended as part of the Citywide General Plan and Zoning Code Update Program in 2004, including changing Code Section references to the Anaheim Resort Specific Plan No. 92-2 from "Chapter 18.48" to "Chapter 18.116" and references to The Disneyland Resort Specific Plan from "Chapter 18.78" to "Chapter 18.114". 5. Change all text and graphic references from "Freedman Way" to "Disney Way„ The Disneyland Resozt Specific flan (SI'92-1) City of~lnaheirn Adapted June 29, 4993 Amcndnuav #1_A ril 12, 1994 - -~ P ..-- Deleted: ed - - - - ---'----. _._----- Amendmcnt ## 2 une 20, 199$ Amendmcnt # 3..Ocrobez 22, 1996 .. - ~- Deleted ed __ _ - Amendmcnt # d tilt' 13. -t 999 _ Amendmcnt # 5 cbmary 2G 2002 - ~ Deleted: ed \mendmcnt # ~ \S~ 2000 'Deleted: eJ Adjustment # I September 1G, ]997 :\diustmcnt # 2 ~Vot CISCd-------------------------- ----- ----~ Deleted: UA'I'C? :\diustmcnt # 3. Scptcntbct 19. 2110f1 ;ldiuennent # 4. Dtav 1.2001 \diustmcnt # $. ititav 5.2003 'lunin~. (:ndc Revision lfay 35.3004 Pcepaced foe: THE CI1Y OF ANAHEIM Civic Centex P.O. Box 3222 - Deleted: Gonncc Tom wood Anahcun, Caltforma 92803 ~ , Deleted: 59ia __ .,_ - ~ .. I ~. Deleted: WALTDISNCY (714)7G$-$t jO •-. ._.. -..: _._._ .:~ Ih1AGINCHRING~ ' SW Somh Buena Vissa9 I Hurban4, t.ahEOmu 915?t-4FOOQ _. __-____ __-_.._ __. _ Gonuce]ohn GvvesQ pu) yet-Bnt~ 9 Prepued by:~ 'ITIH SWA GROUPQ 5H0 Bsoadssay, Swm 9001) Lagma Brach. GaG6mn 926519 Conucc Bob lacoh9 _ ~~ ~ _ a The Disneyland Resort Specific Plan Section 1.0: Executive Summary __ e _ _ - -- The Disneyland Resnxt Spedfic Plan Section 1.0: Execntire Summaq~ 1.1 Putpose of the The purpose of The Disneyland Resnrt Specific Plan is to Specific Plan provide for the development of an international multi-day vacation destination resort on 489.7 acres m Che City of Anaheim's Anaheim Resort. The overn8 goal is to change the existing Dis'ne}'land theme pazk area from achy-orient- ........... ed attraction to a'muld-day destination resort by integrat- ing rite Spedfic Plan's existing and proposed theme parks, hotels, and visitor-serving Facilities into an exciting, appeal- ing, unified resort environment To achieve this, the Plan contains a land use plan, a public facilities plan, a design .. plan, and zoning and development standards which de- scribe how the Plan's goal will be realized. It creates five new planning districts-a Theme Pazk District, a Hotel District, Parking Dismct, a Future Expanson Dutric[ and Drstrict A-and a C-R Oveday and an flnaherm G:udcn\\'a 14. Overlay L. ~ .....{ Deleted. ~n;m ilnunerh "Potnrc elnahoim Overln 1 which provide dae • regulations and guidelines to ass'uxe Ilmt the planning area will become the high quality destination resort envisioned. The Plan will permit development of a new theme pazk, additional hotels and entertainment azeas, new pazking facilities, and an internal transportations system T hr Pl~m d u pu nuts the r n tin -.P e•1` t 3 ' t t (' F (h ~ un . m r tnt ' y e ..- ~{ Deleted develo ent of a C o nleu\\ a 1k Overla ro+ndes for th Y P P .. _.-- ~~~celeted.T J Lifestyle Retai] and Entertainment Complex subject to the approval of Conditional Use Pumit No. 4078~as amended. , I 1 Deleted: P°i"` 1 Deleted: also Deleted: In addition, nc~ Plan pennies 1.2 Organization of the The Specific Plan is divided into [en sections. Section ].0, the exisring oitneyland d,eme park ro conenuc m be modified with 9 Specific Plan The Executive Summary, is a brief overviewof the proposed eu~,nnaion:and ocher impmvemems plan. Section 2.Q the Planning Context, disrvsses the pur- Document pose of the Spedfic Plan, the City planning policies that af- fect developmentoF the Specific Plan area, the authority and scope of the Spedfic Plan, and its relationship to other City planning documents. Section 3.0 contains the Land Use PLtd and describes existing land uses and conditions within the Specific Plant azea, and describes each of the proposed Land Use Districts. Section 4.0 contains the Public Facili- ties Plan. )D Section S.Q the Design Plan establishes the de- sign criteriafor the Specific Plan area. Section G.O, General Plan Consistenry, describes how the Specific Plan is consis- tentwith the City's adopted General Plan. Section 7.0 con- tains the detailed Zoning and Development Stndazds that will control development witliln the Specific Plan area. Sec- tion 8:0 compazes the development standards contained in Page 1-1 ~J. _ o The DisnevLand Resort Specific Plan Section L0: Executive Summary the Plan to existing City regulations. Section 9.0 and 70:0, contain a legal description of the Specific Plan area and a description of the General Plan amendments that have been adopted in connection with The Disneyland Resort and Anaheim Resort Specific PLins. In the Final Speufic Plan, the appendu will contain the ordinance approving the Specific Plan and the conditions of approval. Fold-out maps located in the back of this document show the Development Plan For The Disneyland Resort, Maximum Permitted Stmc- tural Heights, and Existing Stmc[ures to Remain. 1.3 Existing Setting. The Disneyland Resort Specific Plan azea is located within the Anaheim Resort, a portion of the City of Anaheim spe- ciall}' designated by the City's General Plan for recreation and tourist/convention-related activities along with related uses. The Anaheim Resort itself contains approximately ]0'~acres. It is Xenerally located southwest of Interstate 5 between dte \West Street/Ball Road interchange and,Chapman Avenue, though a portion is located north of the Interstate 5/Hazbor Boulevard interchange. The Disney- land Resort Specific Plan azea includes approximately 469.7 acres and refers to the azea coveted by the Specific Plan as shown to the left and in Exhibit Y.G.Gb-The Dis- neyland Resort Development Plan. . j l/eleted: w I an~aod In addition to the Specific Pla[ne,~ uplanning efforts have been completed For the remaining ~i acres in the Anaheim Re- sort. The City has adopted the Anaheim Resort Specific Plan (Specific Plan No. 92-2) and the Hotel Citde Specific Plan (Specific Plan No. 93.1). Together, the three Specific Plans, which have been prepared to complement one another by incorporating similar zoning and development standazds, design guidelines, streetscape and signage prograzns and infrastructure improvements, will guide the development and enhancement of [he balance of the Anaheim Resort In addition to the Specific Plans, the City Council also adopted the Anaheim Resort Identity Program and the Anaheim Re- sort public Realm Landscape Program to provide for the streetscape elements and ]andscape plans that will be im- plemented in the Anaheim Resort public rights-of--way. 1.4 Implementing the The Disneyland Resort Specific Plan impletnents the City's General Plan General Plan by addressing the pertinent goals, policies and objectives of the General Plan. A complete discussion of the relationship between this Speafic Plan and the Anaheim General Plan is found'in Secfion 6.0, `General Plan Consis- [enry.' Page I-2 ~~~Deleted: sr - o _ a ~~ The Disneyland Reson Speufic Plan Section 1.0: Executive Summary 1:6.2 Hotel District The 97-acre Hotel Distcict will be located between \X/est Street/Disneyland Dave and \Walnut Street north of Iiatella Avenue. The Plan proposes 4,600 hotel rooms, including 1,000 rooms remaining in the existing Disneyland Hotel which may undergo extensive renovation. In addition, as previously indicated in the description of the Theme Park District, any of the 1,000 moms not constructed in the Theme Pazk District may instead be constructed in the Ho- tel District, bringing the maximum peatiltted number of ho- telmoms within the Hotel District to S,G00 cooms. Further, the Plan provides for up to 300,000 squaze Feet of support retail/xestaurane and ?00,000 square feet of meeting space associated with the hotels. As previously indicated, up to 350,000 squaze Feet oFTheme Park Distdct development can be located in the Theme Pazk District and/or Hotel Dis- trict for retail entertainment center uses. The retail enter- tainmentcenter may straddle \Wes[ Street/Disneyland Drive. Pazking for the Theme Park and hotels will he provided m parking facilities in this District The primary visitor access to the Hotel District will come from West Street/Disneyland Dave. Serondary access will be provided from Cerritos Ave- nue frrnamed \(agic \ti`avl„via West Street/Disneyland Drives ..--{ Deleted: whkh nup be «ma,~d, Access to the Hotel Distaff Flom Walnut Street will be limited to hotel service vehicles and emergency vehicles only via the existing service vehicle entrance to the Disneyland Hotel. 1.6.3 Parking District The 57.1-acre Pazking District will contain public day-use pazking facilides in the West Pazking Area and in the East Pazking Area. They will pamarily accommodate visitor and employee pazking for The Disneyland Resort. The pazking facilities can also accommodate parking far the Anaheim Convrntion Censer. The public pazking Facilities have been designed for peak at- tendance days at the theme pazks; they can accommodate up to 34,3D0 total pazking spaces in the pazking azeas in the Theme Park, Hotel, and/or Pazkittg Districts. The pazk- ing facility in the West Padring luea will be located in the northwest comer of [he Speufic Plan azea adjacent to Wal- nut Street Accommodating up to 16,700 spaces, the maxi- mum height of this six-level parking facility will be GS feet. Page 1-G - - ~m .. _ Tlae Disneyland Resort Spedfic Plan Section Z0: Executive Summary Primary access to this facility will be via ramp connections to flae southbomd ofE and northbound on-ramps of Inter- state 5 at rite West Street/Disneyland Drive exit. Generally the parking facility in the East Pazking Area will be located near huto•e Wa}', Clementme Street and Manchester ~ ~; Deleted: p,adm~~ j Avenue. This fadlity may accommodate up to 17,G00 spno- es in a seven-level facility with a maximum height of 75 feet. Primary access for both visitors and Disneyland Resort em- .. ployees to this facility will be from both northbound and southbound lanes of Interstate 5 via„LJtsney Way, and Iiatella ~ I' Deleted. F.eeamv, wry, whet, g l Avenue. Additional access may be available from Clementine `"'~~ b` '""d Street jar Manchester Avenue. Otherpazking Eacibnes are ~ - _ Deleted hick ~ pmposd m be discussed in the next se[nnn d Freedman \Va~ mnh of 1:~¢Iia .mama The facilities in the ParkingDistrict will tie connected to the Theme Pazk District (and, potentially to the Future Expan- sion District) by a pedestrian and/or transportarion sys- tern(s) that will move visitors and employees to the theme pazk entrance plazas. 1.6.3.5 District A The Specific Plan proposes that the approximate 18.9-acre District A be developed with the same uses pemiltted or conditionally permitted under the Anaheim Resort Specific Plan No. 92-2, Zoning and Development Standazds (Chap- ter 18.11 (iof the Anaheim Municipal Code): Additional de_ _I,,.-~- peletM: as scripdon of District A is located in Section 3.3.3.5., District A.' 1.6.4 Future Expansion District The Specific Plan proposes thatthe 24.7-acre Future Ex- pansioo District be used for pazking facilities. These farili- ties would include surface parking for 2,800 cars, and stmcmred pazking for 2,300 cars in a parking faality local- . ed adjacent to Hastec Street at the east side of the Distrct. Development regulations contained itt Section 7.0, `Zoning and Development Standazds,' also provide for other types of visitor-serving development within the Future Expansion District consistent with the intent of the Anaheim Resort. With the exception of the permitted pazking facilities, all de- velopment in the Fume Expansion District will be subject ro further environmental review prior to development, Page 1-7 .~A _ m The Disneyland Resort Specific Plan Section Z0.• Executive Summary The C-R Ocerlay is a speual proaision of the Specifc Plan that allows certain parcels the ability to be developed wide the uses permitted by the base District or to he developed with the uses pemutted or conditionally permitted by the Anaheim Resort Specific Plan No. 9? 2, Zoning and Devel- _ opment Standazds (Chapter 18.1 If~oF the tlnaheim Muni~i- ! Deleted:.ax pal Code). Additional description of the C R Overlay is ~--- located in Section 3.3.5, `C-R Overlay.' 1.6.5.5 Anaheim Garden~ttalk Overlay (Deieted: Pnmae* Thertlnaheim C aulenR'a14: Overlay encompasses DistrictA and Deleted: P°ime• -_. _. __ _ the portion of the Parking District (East Parking Area)/C-R OverL•ty south of Disney \Uay (approximately 29.7 acres). This Overlay is a speual provision of the Specific Plan that prove es or the development of thellnaheun_C;itrdcn\C: oilk-- -__ ~ Deleted: p°;me• ,itL~rsubject to the approval of Conditional Use Perrtnt No -_ _.. ' ~ -~ ~ -- Deleted L fi style Read and 1078, as amended Thexlnaheun Gardenl\ Alb prolect includes ~ rmemlmnens complex ehe following: 5(" -"U crass squaze_feetoF c~ raa7tr, ", Deleted: P"Vnm~ Letad/dlnNg/C[IleCtammenC USES_ 111Chidin4 mOVlr dlr'1[r[a( ,- l Cj2g Otel LOOmS/Swtes {alclndl^P.]lP CO_yf) `raeadOn I Deleted: U34,4W Ownerslvp Resort amts) :uulr'. 6~a oss s9uare feet of lotrl ~' - ~ l Delete: shocc y ~ accessory uses and narking tlcshnec with up to 4,600 stnped___ _ 't -- '° Fouv howls c°mpdsing parking spaces and ISbus pazking spaces with a 10,200 gross '~~` '~ 1 Deleted: t,44? sgttaze foot busterminal/jr,mvp<irtarino crnrrr for airport __ _'~ ~,-~ Deleted: °twhich 9 tLatisport and [o/from sightseeing venues ~'he~lrtaheun '- -~-~~- -- " """'-_-'-' Garden\\':dk roject will be an inte rated develo me t t b ~ doped'u ~~ ~"ni° °" b de p g p n e o v,, construded in kr arts f.4rca+ d tntEI1_ as iden rife •d r 1 hrl 't F ".De~eted. w'h xppmximasdy Aaa 9 usomlia+scs lppmea 11i h U 3 act f t6 • rt r cr ytc pith ~3)SAO Oyu uc [cet lF p a lrv ra 1 r •staura l ~ rl rntr rtainmcnr usc~ mthnhm movlL thcxt~r l ^GG k r 1 n- (iadudul~p to 40U vacation ownta ahlp loos) ald ^1( 8"U syuarr trr r of hotel accesson oas r rranap-rtati 1C.. d 3?OOplrkinl; +paus Phrmua r•tail cr 1 <tr~ca i3UY parkinit spaces ]will br developed fist. till) wr 1 t ~ the h - r'I and rhr rrnvlulinlr t^_3 parkin ~Lrallc The rrmaininp R.3 accts i \rrl 1;1 would hr Irv ]npr 1 a ~ ~l cubcrnu nt phare w rh up a 130 t 50 ~yl ~trr f t f 'p ci ilic retail rr_aauranis and rurertainme, lr oars 3C~ hr trl 'o n finduding opt 1 100 vacation owneral ip unit' and Ct 997 a(uam feet of hotel awec§nrv nse; a d 1 (0(1 p~t kim~ 'F a - ~ - Deleted: rc6md Deleted (th h s l m r c ssory ould c p m of 1,130,]]1 y s genre Fccs) d °f chat mnl, an appmxmuse 133,430 gross square. I rmsares on$ the mp 0°°r °r the paclwg swcmn :° Li used Lora howl conrerrnce emrer ',~ I Deleted: a 1,9J'),tl(10 gross square r°°t ',a parkingswaum ~'. ',Deleted f+nGry .'-. I Deleted: Depending on the avaihbdiry ~,'. °f (undingu sheumeo(c°srssmaioq the confttrnce cmm may be reduced in size ':, nr dimiruad (mm t6epr°ien and she number °(srnpedparlwg spaces may be induced s° 3,75? spaces. '. Deleted: P"intP Deleted: w m hue oboes 1.6.5 C-R Overlay Page 1-6 -- ® _ .~ _ _ ~ ~ ~-~- 'cj tSXLQFCI.G'~9Y'S72~TS'R66~%fSlr_'~~t !/ dl iVt1y 1 ~ ~+ v+~^]SJCvt::.......~ -_w'YI ~..~.~~... ..~~~ ~i:`.. .':_L.__.~G.. PoUSCOA s yry It 4 ' ._. . _ j, i ~ M1 A r ~ . $ ~~ , ~. y n~T.S$i~ffiC.s.C:s2W'rS+md9•~••••~••••••~Tlsi"' ~~1~6'W<9udc81::1^-.uY++CF!..7--:•~'C CaY&t£.`481r.'~f:'T'CSa..x ~:•.~:~;.' •• ~® ®isn~yl d R rt c Pi®n ego, etaia ~ V 1 Pty ! Qi ! _' : _ ~ urrwr of rtesoR Pi ¢t ~ h ~ r" ~ Disr~yiond IdeSOSt ~eCiPaC PEan Boundary ! ~ o~ ~~. mated fat Future Exter~Ion ~ Ettisiin® C€rculatlon Ederrtent . ~~~~ F~ Pict /area l) 0 1000 ~ feet ~~~ lio4®) Dlsttlct (~reloprrtent Nea ~ Dffi1tlCt ArB~ ~ ~ ~1) ' F~lture t3i~an~Ot1 DlStriCY rtt ~~ ~ ~~~~, DB9rICt A (t?~veloprnertt Area ~ Dts~~~ w~rr C~ ~_ ~ ~) ~; ~. Fxhr'tNt I.6.bb-fie Dtsneylond Resort menP Pig eau aoaa_ . ~° ~'_ -- I m 3i 1 ~.;2~~..m~ .! •. ~."'~, ~ :.~ i ~ -: ~ -, .... z' ........: .... ,4~~1 ......... ......... ,, ; ........... ~m. . • WBSt ~ . . ,.~ y ... .aorr~,a .. ;I ... .............. .~~ ....~ .. Cerritos Avenue. .... .. .. a ......... ..................+~I ~:........~ :..............:.::1 ~:::::::::~ :::::::::::::::.:..J I. .~"'" t I. • • • . ~. .. .. . ~ -'Li . ~ .. .. Thema Pork . . ~,o a~ r.::::::: ~t ............ Koiella avenue `' ~ i a„er ®9 ~ c P9~et Exhibit i.b.bc-C-a Ov~edaY com~rma~ wov ~~~~ y :~.~ ~- ;Q ~. i ~- BQ11 Rood J X &~ , k` `_ d 4 ~. ~,f. ~, ~ ' ~'~ i ;' ~ ~l:::::::: :::::::::: '~`+~ ~~. '~. ~ h I'i ...... ...... f~stine .... '=~ "tip ~ ....... ..... [>isreyloncf ..... ~~ . CerrJtos Avent,re, s ~~ `, 'n~ ~~ _., ~. ~ . I ~~ . ~. . . • . • • `~ ~"ti~ v. it f°~. 6 F ~ t \~t. ii • ~ • ~ x- ~ ~~: k~. ::.Hotel. ::. : :. '~ fast \"- -l ~~ theme Patk• .. u~ ® ~f ~!"~. . . . . .~~. I4. • . . . : : . : . . : . . . . . y ~ ' •. ~' ~ ~ d~ ..~+':+' ~ i ` - ~95!a: -~i^'T.~~' ~ ~ ~ ~~ ~ ~~ ~~ :.m•~ ~ ~ ~.:c+saeu.: iq ~ .. .a F:5L7:5' Kofet~oA~ntue_ ~ _IFUtw~e ••_ . -...1 1 ~ ~ . Dkitiat Saint Parkin®: . 6~ ~ I PadRL'O ~_ canuentron wav ; I j ~ ... ~. i-• --~ ~ 4 x` a ` .CB ~A I ~ x ••--- •- _ m The Disneyland Resort Specific Plan ,Section 2.0: Planning Context The Disney]and Resort Specific Plnn Section 2.0: Planning'Conreat Plads policies, design guidelines, regulations and develop- ment standards will appl}'- 2.4.3 CEQA Requiretnents An Environmental Impact Report (EIR) for the Specific Plan was prepared incomplianre widt the California Environ- mental Quality Act (CEQA). Pursuant to local and State ' CEQA Guidelines, the City of Anaheim prepazed an Initial Study which detemtined [hat certain potentially significant . environmental impacts might be associated with develop- ment under the Specific Plan. The City prepared EIR No. 311 (under sepazate cover) which identifies impacts which ma}' result fiom the development of the project and includes reroaunended mitigation measures [o lessen these impacts. As described in the EIR, further environmental review will be required before a theme park or associated uses in rite Future Expansion District can be developed. The Final EIR for The Disneyland Resort projec[ was certi- Fed on June 22, 1993. No additional CEQA documentation was required For Specific Plan Amendments No. 1 and No. 2, since the changes proposed as pazt of those Amendments were within the scope of rite projec[ analyzed in the EIR. In conjunction with Spedfic Plan Amendment No. 3, an Ad- dendum to the EIR was prepared in compliance with the re- gttirements of CEQA: The Addendum demonstrated that the changes to the Specific Plan which wue included in Amendment No. 3 would not result in any new or substao- Bally worse environmental impacts and that no supplemen- tal or subsequent environmental review was required. In conjunction with Specific Plan Amendment No. 4, a Mit- igated Negative Dedazadon was prepared in compliance with the requirements of CEQA. The Mitigated Negative Dedazation demonstrated that the changes to [he Speriflc Plan which were included in Amendment No. 4 world not result in any new or substantially worse envirottmental im- pacts and drat, after incorporation of the rerommended mitigation measures identified in Mitigation Monitoring Plan No. 004, potentially significant environmental impacts would be eliminated or reduced [o a level considered less than significant. In conjunction with Speufic Plan Amendment Nog 5 xndL . --{ Delete. >n _ _ _ _ Addend{to the Initial Smdy/Mitigated Negative Declara- DC1e~: ~m -- lion was prepared in compliance with the requirements of CEQA. The Addenda demonstrated that the changes to ~ ,. -~ ~ Delete: ~m the Mitigated Negative Declaration which were mduded in Amendment No. 5 and thr c6vt~c to the Min~,ated Ne aN live { Deduation which w re mduded m lmendmcnt Nu 6 would Page Z-7 _ _ _ _ _ _- m _ _ _ _ The Disneyland Resort Spedfic Plan Section 2.0: P/anning Context not result in any new or substantially worse envuonmerttal impacts and that no supplemental or subseyuent environmental review was requited. 2.4.4 Relationship to the Anaheim Resort Specific Plan No. 92-2 and Environmental - Impact Report (EIR) No. 313 The City of Anahe'un has adopted the Anaheim Resort Spe- cific Plan (SpedficPlan No. 92-2) and certified Envi~onmen- tal Impact Report (EIR No. 313) [o comprehrnsively plan fox 549.5 acres of the Anaheim Resort. The Anahe'vn Resort SpeciEc Plan replaced the precdous C-R Zone For this area. The majority of the properties within the Anaheim Resort not included within The Disneyland Resort Specific Plan were rezoned to the Anaheim Resort Spedfic Plan Zone. The remaining G.8 acres were rezoned to the Hotel Circle Spedfic Plan (Spedfic Plan No. 93-]) Zone. The land uses allowed in the C-R Overlay and District A contained in The Disney- land Resort aze the same as [hose permitted by the Ana- heim Resort Sperific Plan, C-R District. In ~v 20(14, the Anahrim Resort Spcdtic Plan hnundai mrc rxpandnl to indndc ^_7 ~rnrs behvicen (lra tgewr 1 1 •rn d Chapman Avennr along Fhrbor Bnulcu-trd (EIP N > '30 crrtified in connection with dr • ~d pti i r f the in ~dc Grnrr;d Plan Update. srmed ac rbe environmental doormen tnriou Inr ibis ~ftionl The Anaheim Resort Spec5c Plan includes refinements to the C-R Zone development standards and regulations orig- inally adopted in 1967, and reused in September, 1990. It also indudes refinements of design guidelines established in dre C-R Zoning Code and a public facilities plan which addresses the timing and extent of various infrastructure improvements needed to serve the azea. In connection with the adoption of the Anaheim Resort Spedfic Plan, the Gty Coundl adopted dre Anaheim Resort Identity Program and doe Anaheim Resort Pubic Realm Landsnpe Program to provide for stteetscape improvements within the Anaheim Resort public rights-of way, such as special entry treat- ments, street trees, landscaped medians, lighting and street Furniture. Although they aze sepaza[e projects, preparation of The Dis- neyland Resort Spedfic Plan, the Anaheim Resort Specific PIan, the Anaheim Resort Identity Program, and the Ana- heim Resort Public Realm Landscape Program were coocdi- na[ed to ensure planning consistency, and to ensure tba[ Page 2-8 _ - _ _ ° -- The Disneyland Resor[ Specific Plan .Section 3.0; Land Ilse flan .~~E~ c `t ~.wt~; 0 1~0 Meet ~®rNt Designated for Futwe Exter~on in Existing General Plan Grculation Element Exhibit 3.2. Ta-TT~e DfsneyVand ReSOrf/Anobefm Resort Boundaries ~n~Fs~or~a, C~I~~~r~ia~ ~~g~end VJ$$iB AR®FiQitHl ~~S®~ QiYd ®6s~aeyiand ResmrE S~Seci48c Pies Bound®~ies i.lrTll° 4i r+P1Qi'l°IPn ~ESOri ~isneyla;:;; Resod' Speeific Plar: Rrec ~ ~L/ ifPJD 20Qu'ees 6~®rii~ ~Xhibr` 3.2.2-Aencl PhoP~graph wrrth Tne ©t:r~eylanb Resor~ S~Aeific Dian and Ancah®irrt Resort L~aund~ries ~( ~~ 'Pt'ae ®asn~ nd ~s~~ S '>F~~ Phan Pam, dor~s6~ ~~ ~ ~~~ ~~ ~ ~. _. 7 Limit of Anaheim Resort i° ; D~neyland Resort ~ecific Plan -' Boundary ° As ~ Jew 1992 Law Den~ty Residential Medium Den~ty Residential 0 1000 Z0~ feet Nostlt Mobile Home Park """' Public o Industrial ....... RV Pork ~~ t`.; ~ ~ Parksl0pen Spoce ~ %~ ~ InstiiuHanal Service/Hotel/Retae C~ Vacant & Pubic ROW `"'" """ AgrDcuiture Office Theme Park/Convention Center Enhiblt 3.2.ab-Exis7fn8 Land Use me ~~ a ~ s ~~ ~Aa~ o ,~ ~t Fsthlbit 9.9b-Development Fian ®~. ® t~ a~ ~, ~s~ /// ,t~~trict ,, %~ 6latel D~trict (Devel~ment Area ~ PaAc~ Digirlct (Develaprnent Areas 3a ~ 3b) Fuhxe n District • (Development Area ~ \\ ~~~\ QIShiCt A (Dev®iaRmerrt Areti ~ Balf Rood ~ wr----~ .::. ICI.......... -41. . . .W~. . . . ~a:::::::::: ~: ce~A~~ 1~.:::::.::: ~w~~......... . ~ ~t ::::: ~,,, m ~ ~F ..... L_J ~ ~1......... cj~~::::::::: _ ~ 1 ~ ____: _~_ ._.M1' KotBNp Avent~ `I I L Oron~ewood A~rrue ~~ ~. '~~'~t ......:\ :::::.~,d;:::::: . ................... • g .theme Pork. . . . Convflon center ® Conventton way Thy t~ R~ c~~ ~~ . \ a m ,m s :~~:: ' Tom. ~. ~. ~p~y, ._ ®1AA~~ ~~ 1 ,Er~. ,~ C .~, 5 ~.`':ti _:~.._ _ _ ~.:w._. 1 • r.SOtlfh DL4triCf~~~a ,, r • a 3 i Pbdfico . Adencre Fs ae~ st ~ ue nom: +ar+ m~: c:: 'st• a:.- ^r.. z~ iY:C- '-_. Q I ti ® ~ ~ o t~ ~ n Exhibit 3.3.50-C-R Ovsday The Disneyland Resort Specific Plan Section 3.0: Land Use Plan The half of an acre with the C-R Overlay designation in the Hotel District will be permitted a density of up to 50 hotel rooms per gross acre, which is consistent with the density of the surrounding Hotel District mse. The 30.7 acres in the East Parking Area axe entirely within the C-R Ovulay. A density of up to 75 hotel rooms per gcoss acres will be permitted by the C-R Overlay. The perking facility will cover a poxdon of doe District widx the remaining acres to be developed under the C-R Overlay. In the Future Expansion District, the C-R Overlay permits a density of up to 75 units per gross acre. 3.3.6 flnaheim GardenNalk Overlay 1_.. {Deleted: rainte~ ', The 29.7-acre,Anal3eim C irdut\Ca1L Overlay encompasses __L. ..- Deleted: pmnte• District A (appcoximately 18.9 acres) andthe pomon of the ___ _______ ~ - Pazking District (East Parking Area)/C-R Overlay south of Disney \~ay (approximately 10.2 acres) as shown in Exhibit 3.3.Ga. This Ovulay is a speaal provlstoa of the SpeuEic Plan that provides for the development of the fttlaheim Ga den\\'all ... -~ j Deletr~l: ao:mc• _~ m ~: e•ct object to the,appxoval of Condidonal Use Perrmt No: .._ _... Deleteth li(c9gle neaa and 1 4076, a5 amCnded. . Enmminmrns Complar fully-integrated, mixed- .~. The,f naheim Gatden\C all. project is a .- t Deleted: p~imr• . use development which will have an in[egmted management, a festive theme orientadon and plaza/pedestrian-0riented amenities., and consist of dle Following: u.' n, SG9.', 50 st7u:¢r feet r f tiltecia]ty ~erdil rrsMm"tots. and entertainment use-a_ i -lu ~lin~ n n~o th-aten' 1 G28 hotel rnnmsl+uites Jincludinp up trr 500 nacari m ~ twnership resort mtitsl and 378 817 squaw fret nth 1tC1'I000CSIIry LCCti"1 t['d 115pnrtatlOR R'CICe[. :Ind 4.61x1 p ulting p tu'sr _ ._ .-.., Deleted: G34,600 gross aquae (eet of _... _ . ' ~ ~ ~ ~ ~ nail/duung/rnrntvmnenl us¢; shore ro (our howls composing 1,663~ote1 moms/suitrs (o(which up to?Wuniss ran he devdopcdu Vaotion Ownership RCSOR Wla) wth appmxumtcly :$Z,Oltgmss square feet a([elat d .^==ory usrs (she haml moms/accessory rn would rncompuz a maxunum a( 1,330,771 gross square (r<t) antl, of thv rod, an appmvmuc 733,63(1 gross squuc foot arc on the top non[ o(dsc pazkmg stmaure ro bevscd for a hotel confeance cmtcr, and a 1,949,800 gross squaw (oat pul'ng swcm¢ widsup so 4,8110 ndpd paddng spaces and 13 bus puking spaces Wdl a 1000 gn]59 SgYa6 faOl1T15 temdnal/bcdiry For aispmv mnspoa m/from sightseeing vmua. Depending on the avubWityof (ending v the time of mnstmcrion, the mnfesence crnter may he reduced m size err enminvcd form she projca and the numbe[ of stzipcd parking Page 3-23 The Disneyland Resort Spedfic Plan Section 3.0: Land Use Plan i c ' c nn ~ n u,..~i n..,.... n _..,, i~~ i z-, a in ~w ~i£S~-B~tfl~TE.. S ~ QL ~ gR~B~} ~fl~~f~i-~}H~3 ~ ~ ~A~ e..~. «,.«„i Lr,.«,i.. it.~ ~ a~ n ~~i ~- ~1-9 2 588 - nn any Page 3-25 i The Disneyland Resort Specific Plan Section 3.0.• Land Use Plan Proertin Surntnan' fur:lnahevn C'•tr(leu~~'all- C7verln L:rn(I LISP I)1'~)ICer 1 Ord }iL)TLLti Numher i hotels Roclols J ,G_5 rooms (inrludim~ up to Si)0 vac~L( t oa~nershin uninl Howl Accessory IJse. °75 R7~ s( care Feet I2}37~1R,/'DTIVINC)F(N'1'LIY'1'V[Vlfi~Iv'}'~R'Df1 Snrei;dn• lirnil iR7.Nip wu•ue fret Uinine. 1 Li )Op s(uxte fret Entertainment (,G UIiO s( u:ue fret "ford RUL+' SG9 7i(I s( mtrc feet P\RIQh7G Su~ucmred /C'ovrred Parkinj; 79~9.Iip0 syvarr free 4.F1)U auto tipaer. 1 i hus snaees &us Tenninal~Faeilin~ 10 BOO xunre fret ~. lln to SW of the total numh•-Fhrt•I rit-~h nit thenp td}(i•ctn Lttl r~crJnnrr', dLUYrnOII_ he lev I(ped ~ f cri r l i rr st ! C'~t xi m U -u( ~ hip Re Rl units. 6. The nrn~nualy-ap rrt~,roed Prnj rt includ d a live thrxter co nl Ie - "irh 4 (00 ear ~ Pr P d nnnect deletes these thearec us • ~ ~tnd utclude ~ CG 00(1 -yu1'e f ~ ~t F earctt inm KLY rL (movie theatelZ c Thr nmvioush~-appmvrd prole ~t' cIu h. ~ Id't'' 14(')0 ~} %~r ri 1 1 m Packi ly and 4d1(•L, tqL a rOL'AI Ut 52(10 'I'h " pn p(' I ICC[' ' U ilt tl t }} p1'ICIII nLLd 'IIL LLR" d w¢h srn)ed self" ta~r6 .I>a - •c f' °00 ~rrkit~p' - •- i L ~ ~c~r "1 'i rd t f Rf) p ~hi p 1 ' t Are l1 . Page 3-2G - ---- Format6ed: Bulle6 and Numbering The Disneyland Resort Specific Plan Section 3.0: Land Use P/an -- - -_ , The~lnaheim C,aulat\\'nik protect density rs set Earth m more ~._. !Deleted pom~r+ j detail m Exhibit 3.3.Ga. __.. ,_ _.,,, The retail/dining/entertainment square footage would include the Following: banking Facilities; children's, men's and women's appazel, shoes, jewelry and accessories; entertainment faclliies (amusement amades, skating rinks, outdoor recreational playground areas, etc.); shopping sen$es; specialty merchandise, gifts and toys; transportation/ travel services including an automobile rental agency - ofBce (with no on-site storage of cazs); radio and television studio ro rnable Uve and/or taped broadcast facilities at the site; baby-sitting services; fast-food/food court-type and walk-up/specialty restaurants; enclosed and semi-enclosed full-service and theme-type restaurants/dubs with on-site sale and consumption of beer, wine and alcoholic beveages and associated entertainment uses (billiazds, dancing, live and recorded performances, etc) and azt galleries/museum uses. The~lrtaheun GarrlrnU,.r11. Overlay would also penntt as part -~~ DeletM: eW,m• I I of Condrtional Use Pertnit No. 4078 as amended,putdoor ~ t Deleted.: en mdoo+vnph~d+amr, events anti uses held within the ronfines of naheun 1`` .... .. 1 _ Deleted: Pointe' Ganlen\Valk out of view of the public right of--way and not l directed rowazd the public right-oF-way including open-air festival events oriented towazd tourists and guests (i:e., for pubhc gatherings, speeches, tonceRS, presentations or shows); outdoor booths, kiosks, and stands; and outdoor speaal lighting. h 4rea A, the majority of the project would be concentrated on ~..- _._ __ (Deleted- . n. p,rroo:ty nm~d three levels of development as shown on Ex}ibits 5 B 3.f 1 _ _ through 5.8 3.f.4. l.enrl 1 is at sweet level at the outer perimeter I - - ~ Deleted: Thy srse.+ievoi and descends to approxi-moiety three feet below grade at the center of the project. The Street Level would consist primarily of hotel ground floors and parking, and accessory and services .uses supporting the restaurants and retail stores; including truck loading azeas. Level also starts at scree[ grade at the-outer _ ..- -~ 1, Deleted: 3 perimeter of the project, beginning at the same point as xcrl 1 - . .. i Deleted: +he sneer l.e ~ Level 2 is built on an ascending incline over _evrl 1 _ At the _ _ _ i D°leted° J„ 5°"+l.`ed center of the rp ect, the floor of ctrl t is at nur fee[ below P 1 k_~-- street grade, Levd 2 is~feet above street grade. Levels 2 and . _. .. Deleted: the Screen Levi 3 would include the various retail uses listed above and hotel ~ ~ Deleted: m+ee rooms. Remaining hotel rooms would be on higher floors. ~'~ l pelf; tz J More detailed descriptions of the various land uses aze provided _ ---- below. Thr Site Plan fru Area Bwill he drtranined in mnnecrioa with the nuxessinl• of a Final Siu• Plan prior to d+e issuauee of dm Fast bndchuy;~iermit for said LL\ma. Page 3-27 The Disneylnnd Resort Specific Plan Section 3.0.' Land Use Plan' Hotel Uses The plan depicts up to trve o[els on-site. I-Intel uses are Deleted f^m proposed generally along d1e perimeter of the project site "------ ~~-""- "~- Eionting on Disney Way, Clementine Street, and Iiatella Avenue. The hotels would feature convention, sper~alry and Family suites-oriented fadlities including, but not limited to, banquet and meeting spaces, exercise facilities, restaurants, , and retail facilities. In 4trt .K. nnrllotel is IocaCed m the south eastern portion of - { Deleted: the first the site at the comer of Clementine Street and Katella Avenve. Another hotel is planned at the southwest comer of Disney - j Delete: The srn^nd Way and Clementine Street Onrrhote~i planned on s petered: Th„ Ihi d ID°`~' Clemrndne Street mid-block between the north side of Katella Avenue and Disney Way, and one hotel is planned r n rnp of nc~ `` ~~eo " raL r}tiul. srrucrurr on rlrc n ,rrh ~i lc of i- rclla ~\ ~ • t -. lu .mecca U a_Fifrh 6ntrl is r looped at th • anudrrt't - r ~ ~ Y li• I r Rnulecan{ and 1>isnec- \CSIC. The total numbu of hotel rooms will be I1 G2?~ The hotels would be high-rise construction. As .'Delete 1 66z r„rrendy designed, the hotels would range in height}r r - to 135 feet The ultimate hei ht of th t t ill b d - ~ peleted: horn e~ g e s ruc ures w e eter - mined by the hotel companies who develop within the project site; however, d1e hotek will comply with the height requirements of The Disneyland Resort Specific Plan, and if shade/ shadow impacts exceed those addressed in tliis document, additional envirotamental review will be conducted. Up to i0U of the 1 G^_8 otel rooms may be developed as .. ~ petaled; ,op , Vacadon Ctwnership Resort units. X11 rimalrum• howl nutmc to ~- Delete t 462 [hr Overlay may hr developed ac corn ~ = ~d ~ nd runmm hrcdc. pn aided no rrside 1rrll tic's ar • ~ nlirt°d P e ~'1 Deleted: Up corn uidiriosul t300W ,_. ____ syuue feet of homl6.coss squuc hercout The final design and ultimate number of hotels will be be built in the purposed pmject rF the based on the hotel developer(s) and will be shown on Final developer dens w develop all ~0 viouon Ownersh~ Aesop erurs doe m Site Plans to be reviewed and approved by the Planning the hrgcr squue footige usocnr i w~h i Commission prior to issuance of buildin ermits viadon av^ecship Aesop e,dr g p . Deleted: Onc of the hotels is p6smcd n mcorponm a thrata/night dub tin oC appmzmumly 17,000 gross squill fen. This aza hu barn incotporascd into the and horcl squall foongc.~ 9 Up m 133,630 gmsz squue fear o(am on the mP of she packing stmmuRu pbnned (or devebpmrnt u a horcl <onfcsmcc center. Assocnted with dte hotel confcrrnce cmtn is a 4500 gross aquaR foot omdoorremee arv, which will accommodarc omdoor evens. Deprndinl eo dse avsihb0iry of (ending u the time p:' mnswnion, the conferrnce enter my be reduced in sire oc etiminatal from the Page 3-28 The Disneyland Resort Specific Plan Section 3.0: Land Use Plan Retail/Dining/Entertainment (RDE) Retail, dining, and entertainment (1tDE) uses are located primarily on Levels 7 and 3 of the project Restaurants include fast-food and fond court-type service, semi-enclosed, walk-up/specialty, enclosed full service establishments, " " and theme-type restaurants. - Bus Terminal/Facility in the Parking Structtue A bus terminal/facility is ala~in ronluncdon with [he ~ -1 Deleted pt aing _~ Pmject to provide bus transport to and from regional airports for visitors torT,he Anaheim Resort,. In addition, _ _ ~ -" De1Med: , ~ the farili ma be used as a terminal for s~ htseein bus " f~`~ ~~-f ry Y tG g ~~ Deleted: area trips to accommodate hotel visitocs'. An enclosed loading azea '-_--' ~--"~~ '-"--"--""'""--"-""" on the Street Level in the center of the project will be utilized. Bus ingress and egress is planned to be via Clementine Street The facility is not planned to serve as a "paik and ride" facility for local residents. A high fee will be charged for overnight parking {other than for hotel guests) as a deterrent to use the Fadlity as a park and facility or Eor other overnight pazking needs. Landscaping The perimete[ of the Pmject site will be landscaped in accordance with the requirements of The Disneyland Resort Specific Plan. The Following fully-Lmdscaped setback azeas will 6e provided: a ttunimum of 2G-Foot wide setback adjacent to Hazbor Boulevard; a atutirnum 11-Foot wide setback azea adjacent to IGatella Avenue; a minimum 20-foot wide setback area adjacent to Disney Way and Clementine Street except adjacent to the hotel lot at the southwest comer of Disney Way and Clementine Scree[ where the building height exceeds 75 feet, whue the mtnhmm~ setback will then be 30 feet wider Te m o n l t ulsc~ t t~ ill br m.tallal in the Serb tck Deleted: ; md, a m~~Mw„ to-tom wide area nn an huraun b ius unnl de«Inprttent ornua un the [reef ~ samct ad~acrnno9 to n arrc tdrteent m the xtbacl, areas. ~~ on pouprnyim~s Page 3-29 The Disneyland Resort 3.4 Phasing Plan Plan Section 3.0: Land Use P/an $1gn5 AYoordinated signageprogram wiU be developed forllnaheim Ganlrn\1':dl:. All signage will be reviewed and approved by the Planning Department as being in ronformanee with the Specific Plan, as amended, or processed with waiver or variance, prior to the issuance of sign permits. Signs which require the approval of a Condidonal Use Permit will be processed concurrently with the Final Site Plan. Conceptual Site Plan Exhibits Deleted lomr ~- The Conceptual Site Plan exhibits are provided in Section 5.0, _ `Design Plan' in Exhibits 5.8.3.f.1 to 5.8.3.E~.. _ - -~: Deleted: c The anticipated opening date for the new theme pazk is in 2001: Development of The Disneyland Resorris planned to take place in several phases the fast completed in 1996; the second concluding in 2007; the third (build out) completing in 2010. Phasing for development within District A and die C-R Overlay is not known at this time. The~Attaheim C ardutRalk Overlay project will be an mtegrated ~ % Deleted: pn;mc• development which will be phased over time. Constmction activity of project buildout will progress over the nvo ma or project area. Urea ;1 and ~1rcn B')~The fast phase is protected -i Deleted.: five aaas nE the pmieas, with to open in mid-~Oi and rs planned to include Shrs,l eclelh ~twn alsemasrves (ox Ate AandAm B. , entail /dininy/entrrtainment usee,pf Area A anal the p,rking ~. ~ "I Deleted::.ooa - _,-_ _ _- facilitirs !with 3Ai0 vpaces) Timis ilnitial Phase will ~ dude ~ ~ ~-~ ~ _ ___.. approximately 39 GO squaze feet of RDE and other i., Deleted: those pomons - commercial uses 1'he rrmairun~ ly,trl rn smy to l n • ddtu > ~d Deleted: shat dmrndmg nn market 750 parkins, spares in Ama -\ ~m I dr -el nt E \ ~ ~ [i ~ th [nnd140111 Nd olllet CuNmitLl[e5, [LI l p hate! [Unmti_ l'll[nln'ICI'll S 1 tt tOOt t ~r and 1 ~{It) 1 • 'k- 1~ xn isdcally be commrncea in mia~ so hen 21102 The tipaCCti wIII he added 2~ tt ItkCt L' Ildltl n' pC`Inlll ~. f ~~~1 DCICC2d would likely , rDe~ed: t~.~ Deleted: .Ara A-1, or appmxmumll ' 3W,OfNl squuc( toFRDEin Aso A-?i the aquuium lose is cosuummasd Odor to issuance of budding pesmin. Deleted: Givrn she prcscm mackes conditiom, is is likely that develvpmmt of ho¢I moms mill be defected. Hawevev, the posrion o(the ProIss Sisc mhem fie hotel inAm Ass pb.nncd sill be vnpmved m the INmI Phue so that hotel moms s>n fie added u soon u madses Nnditmns pcmiit. Theinsrntaxo bcgua on she not phase of constmccon whhin appmxvmtely one yea oEshe oprnvsg of she pscvious phut devclopmrnr, homxves the sivwg of she phssingwig dcprnd primarily on market demand u Ate time and the ani46ilisv oEvmiecs (uundne. Page 3-30 Ball ~o i KoteNa A~.enue J.._..l `I 3 Orongewrood Avenue - - --~ Anaheim Convention Center Convention ---~: ~ iPaUBeo Avenue ®m®®m.~m ®.®.®®~ 8 ' ~ ~ m r....-..-- s- ••-' P h ~" ~7 ~'Yf@d ~y 11~' tRfi48pa~' Tfie Disn®yland Remit Specific Plan Armhefm. Ca7ilom~ Le;{.~nd ~p1f~Sli9~ ~'OI1 !-_-.J Maheim Resort Boundary L__ J Dtsieyland Resort Specific Pk~n Boundary ® Designated for Future Extendon in Exislfng General Plan Clrculafion Element 0 1000 2000 Feet ~ worth On-Going Theme Park Operations ~ Phase I: 1996 [:~'•.:~~''•~ Phase II: ZCI01 Areas to be Developed N Phone II and ~81~04~8.~ Phase III Exhibit 3.4o-Phasing Plan ~~ ®lAnaheim GardenwalkfOverlay: ~ '~--~+ ®vreas n iio be consirucied first and B. (°6 ~~gu See section 3,4, entitled "Phasing Plan" ~e4~LS~ °/ Sae Itp~f ~o KatebAvanue ~.._..~ I~ 3 OfOfSBBIVaOC AVEr11JE -: r. r ::r :~ . :.. ,-m .. ~~.__~ .. ®. Anaheim Convent Center conv~rron Way „YO ~ ~E~p~ C ® ! ® Pactfico ~ IAe H -~SY~'~ ~~ ~~ The Disneyland Resott Specific Plan Section 4.0.• Public Facilities flan - - - - - - - - - - - - - The Disneylaud Resort SneciSc Plnn Seefion 4.0: Yu6lic Faeflilies Plax 4.1 Regional Ciroulation Programs The Public Fncil}des Plan contains a des¢ipdon of the proposed pious for transportadon, utilities, in frastmcture and services for the Specific Plan area. The Fuse two Subsections describe planned regional improvements which have an impact on the project. The improvements described under each of the remaining sections are intended to summarize all the services needed for build out of The Disneyland Resort project with the exception of any improvements which ma}' be identified through further environmental review associated with the Future Expansion District. As described in Section 3.4, the primary objective of the Phasing Plan is to minimize the effect o6constmction on rite local street thoroughEazes while ensuring the provision of adequate inErastrucmre and allowing the smooth operation of existing uses during construction. Each proposed public facility improvement summarized in this Section is followed by a number that indicates in which of the project phases the improvement will be made. More detailed information conce~++. ~ the proposed public facilities/services is contaitxed in Final EIR No. 311 including the Addendum and modified Mitigation Monitoring Program No. 0067 associated there- with. 9ddirional information iR cnnraiued in thr Initial Snuly(\lirn~~urd Ne~,ativr Drd~tntion and Addrmla nrenared in rr [ e rig i %th ti}~e'Fir PLC t :\mendmrnt Nn, i vul 6 penainim~ rc nc~ -\ rthciut F:rrJc t\Valk proiccr. Currendy, several major facilities provide vehicular access to the Specific Plan area. They include Interstate 5, Hazbor Boulevazd, Ball Road, West Suee[, Raster Street, and IGatella Avenue. Secondary roads within the azea include Walnut Street, Cerritos Avenue, Disnrc \\kn~ (tormerle Freedman Way), Manchester Avenue, and Clementine Street. Many roads within the area aze antcipated to 6e improved in connection with local, County and State circulation programs including: • Interstate 5, interchanges a[ Wes[ Street/Disneyland Drive/Ball Road, Hazbor Boulevard, and I{atella Avenue/ Disnr ~ Way, Gene Autry Way (Formerly named Parifico Avenue), and Orangewood Avenue will also be improved as part of the Interstate 5 widening; • I{atella Avenue is anticipated to be widened as pazt of rice Orange County Smart Street Program; and Intersections at Hazbor Boulevazd and I+'atella Avenue, Karelia Avenue and Hasten Street/Anaheim Boulevazd, Harbor Boulevard and Ball Road, and Hazbor Boulevazd _~._-- Deleted: Frcedmm -~ Page 4-1 ................. . The Disn Resort Specific Plan Section 4.0: Pub[ie Facilities Plan Clementine Sveet will serve two lanes of travel in each direction and will be widened to accommodate a new landscaped median and left and tight turn lanes The right of- way is c,p to ap{+rnsimarely 173feet lust south of the Dtsney ,` .-.- - Deleted: tos Way/Clementine Street intersection tn~~rosidc for a ril hr band tuc I • i ir< th • \ t heim Carden\X'ak protect South of khe .. City Fire Station, a northbound left-tom pocket and median break is provided fox left toms into therAnaheixn Gaedcn\X'alk I,,..- -- Deleted: Poin¢' project. North of the Katella Avenue/Clementine Sveet inketsecdon, the fight-of--way de¢eases to annrosimatcly 92.fect. - Deletes: tozs ~mpxovements assodated with the development of the~lnaheim __ _ Deleted: Pmednnn w.y h„p.anmrnm (arden\Y~alk Overlay project (as required by the flnaheun ~ be mmPlned N Phue ID. Hnacvcq C;axdenWalk Mitigation Monitoring plan) will be completed in '• ~j~: Pninrc, conjunction with projett development. Deleted: Pointe' Page 473 (~ W ~^ ~/ `/ m~ w ~' n 0 - ~ ~ . . A ~ _ ~ a ~ / ~ ~~ }JJ} 1 ^ y ¢ ^~ Q ~ ~ ~ ~, ~ ~ ~; ~ ® ,~ ~ 11 ft.l 1 l 29 R. rJ I 20 ft. I C 24 @. R1gM-of-woy: 28. 15Pi': Fxhlbit4.3.2p (1}- Clementine SL Cross Section at, and s/o Fire Sfafion and No Signalized Intersection. 2 travel 2 travel lanes lanes EMrlbtt 4.3.2p (2)- Clementine St. Cross Section s/o Slgnal¢ed Infer- section at I(etella Avenue I~ PfA~gF-~ Ball Road ': .~ eel;;.. 'weer ~ ; ; . ;aorutr,g .. . . .caeca.... Mew 12° • dkanster ; . water ma1Fl ... ....... •Hotel •D~irict . ....... ®jj` ~L~ H i ~~ ~ . A Orar~ewoad Avar ~. 20" diameter water main to replace ~extstfng 12' & 14° water ; _ ; ,, make. . Existin® ; .. . Dlsneylantl . . . . itism® Park. . ReaAgnment of ; . .. . ; ; . .:, water male to . 16° dlometer fWbwrtew .. , walermatn 4t rood ~ ,replace aA®m7~nt CenRN e~tur$ ip' ; ; fierce Pakwrotermaln ; .Er~Mes .12° dual feed ..20° momster ;watermakt ;watermalnto- . . . . . . . .repioae • Bmsling svote!.jl -; : , .. .main • ' - , . ~ . fierlle Pak .... . dR xov~ments DlSe~'~ ~~"4 ~~ ' ' ~. ~y E ~ ° ~ •~ ~ m x r-- ~ . . . . . . ~e ~ ~ z ... Mew .\ Dien W Proposed W~~. . ... . D~ttiet . location raot ~:_ A .. ~ detsmrined) _ _ ~' 'EOSY . ? . use d R c n Exhlb!! 4.7a--Sevier Sysferri Improe~ments 1 ~ Conventton war I ®~®®~® ~ ~ 1 Oriar~awaad Avgnu~ ~ d n ~r®ctlan of Flow Exh/blt 4.Ba--Sbrm L~ Sysf~m Imp~ovemenis Soli Rood h . .Hotel . . Disttct . ....r: ...._~~ ` ~$ ' ~ y~d . Ati u~= . ~ . . it . . . . . ~~~ . ' Disieylond . . . ...... Time Park ..... ...... ...... ...... ~ . ..... ..... Theme Paris ...... ...... . _ p . hm .3~ lC0'rB00AV8r1UC }' (dote: each property ~: own®r/de~reloper std t~~ r for ~st~otion: of ocgacenTto) tsg property, except fw Walnut She®t, which w&I E f trett~re~orsfb6ffyaf 1` the property owrrerJ . t 's k developer of 4ha Hotel j ~,,, pr~gewood Aventa8 C ~ineMion Censer 5'~ ~.. $a r~ k?~'~ ~ ~,~~) ,. 4, ~~ ~. ~~ g F4~ o .~ b _ ~ ~ .\ ..~ Disnev Wav _' . D~hiCt A .y.~,~ ~ Conv~nf~ Way TFee ®isn®yl®nd.Resa~B fan Co~ltort~a _t . L.. ~-. OlsMet . ~,..,. WSo~ttth Ateo ~~.~.. b ~•• r ~ Pacdtico Avenue ffi I 9 6 Ex111bif 4,15a-Landscape Instailatlon The Disneyland Resnrt Specific Flan .Section 5, 0: l3esign flan The Q d c . Cisl o r~ veer ~f@C1iO1~Of V1~W ws~~r Ezhlbtt 5.3.ba-landscape Concepfi Diagram Fedestli0sf sitlewCFc St~eei trees inpmkways asd medlar ro catsst of small ormediun, donoAY trees Where aiequdte voce pemmts street frees fn pwkwaya a>d median to comic Otsh~ conopY trees. hveniW tow teat (24) on center. typleat R~r+s ( n i tA04cFn I t)~g envebpe i '_ _' i i I. i Exhibit 5.3,58-Landscape Croce Section: Ciementvte Street Setbotlc ta,tue~se toconsst of frees stmstas growl cover auf/or twt plauh9 design fo be byered IorWscape Y.O m~ ®'sn®y'®n~ ~~ s c ®n Fxhtblt 5.A.2.1a-Gateway Location Phan ~ ~s) Kote1(p Aven~g.. _ ( •I Anahetrn Convention Center Convention Way iF1e ®~-®y4~d ResmfF C ExhibitS.Sa-The Pub11c Reolm r^. ~ Fu-ure @ ..'~~.. ~ I Pad/k ~ Av~ne ~ 1 .. . ~° ..... J a 4 0 m '~ ~~~~"m" 6° C~~a~.dta~-4' Interstate 5 and the MaJor Interchanges ~~~~ p 6 ryp~a acs+sacrcon locolA» ryyca WocNOn a View VA10I0 G1BgJ018~ Sheet h88iN pOMHp/3 CTd 11feW@11O CNeY~ mb7 cenoPYheei MreNy- Igafeet (2d) an centot tyysffi Wh&e nm6ml rnitl/m pa4woyb OCq~tlbyon tlevotBC to W ~k~BS D~Otf~C.W1-I~YRI~Y pmund i \, ~ Boll Road . ~ _.J m 3 m T9~ d ROP9 $ P1~1 Enhlblt 5.ba-fie Setback Realm SefbaGt IandsaoPe to coruist of trees. shndu, ground cuter oM/or furl: planting design to be toyered Wndsc~9. PBdeshian SldewO& Street trees yr ys ~ mediw to ca>:stst of wtwsdicn aarroPV trees ~~® ~occaed ~~ anp Bd ~dfattd3C0¢0 to corsstst~ol vb~s ~ sa~pat aOhJ ~! ____~ 1 1 I r 7 ExPtlblt 5.6.8. Ic-Typical ESP Parfdng Area Setback: Ctementlne Sh~fi and A9anchester Avenue eon Rood :. • _ ~ _ ., -- ~~h.~ I~ ''" ............... `A . ~ itreme Park a I ~ cerreosAwrn~ is :.:::::: ::: ... ~ \' ~,..•{q Floral ~fbacks I ;r~~ ~ 9 . ~~~.. 1 . i . lheme Pak ?.+ .& cm . -.. , . $', t0 r®maln O41s ~t~/ . . OlsMci . ~~ a ~, ~ il::::::: ' iF/ ....... .. . .... . fl• • ; Halal' ' i~:::::::::.. ; ::: ~ ~ ~ \' ! 5 fh~reyW ~;. I :.....:~~; :............... :: r iCi ~ : : : fiema Pak :: : : -.. ~--_ - ' ~ . '~ <~ . Katena Avenue _ ~~..~ ~ i An~elm ._. f Convent~r ' Center 14 ~ Ca1YEYre07r Way I ~ t..- F' ~ s ~ ~. :~ Avenue I~~ p..~ ~~~ Y~L.~ T ®®n PI®n p 1000 Feet ® ~~ ~_ _ J men teesan ootmaary m artd per GPA 937 L..J Y~a~d Reswt 9ped8o Plan'Barndary fJe~Artated for FuM® f~ter~a•r h E~ln9 General Wan C1rcWot[an E~rnent Very Dervse (free f~rdty Factor x .8) DerBe (free Darelry Factor x S < .8) ////A//. MaaemtelY Dsr~ Chee DBnslfy FaC1of < .S) EuhlbMS.b. )0.3a-Tree Den~fy Fatter Plan BaURoad ~~, i /~~/ %°`~~i D~srdct: j~~ /,~ i~f j 0 m m r 0 i ~~ .D~sa~~ w~.~' ~~®~~~r ~ +~~1 I Tfi-~unue - ~,//i' ~~ ® i~ ~ °a~,~e ®®®~,®®j®®® E i_.._.. a .._..~ i s c ~ ~ R Im ~- -- 7 ~, assort Boundary ~_ J Oisneytand Resotf S~CHiC Plan Botatdary 0 1000 Fit ~ P9aa8r E~lbit 5.7a-ltte Private Realm The Disne~dand Resort Specific Plan Seedon 5.0.' Design Plan nape and Icon/Themed Sihmage Element" fin::\nahrim Ga[dcnAY'alk area :A znd uc be idcutihrd un the I'imd Sire Plan cis area E, and only visible to pedestrian and/or vehicular traffic through limited view couidors at the entrances to the flnaheim G uden\\'all: 3~tEesryle Retail and Enter[atnment Complex as shown on Exhibtt 5 8.3.f.5 Fnr ~\rra :1 and rn be idenutied :m [hr 6ina1 Sitr Plan for :\eea 13. The final dimensions of the view corridor will 6e shown on r_rp >iecr Fina_I Site Plans 5.7.10.3 General Sign Guidelines The guidelines below establish positive criteria for the design of desirable signs and which complement the other building elements in the Specific Plan area... The following general guidelines should be considered prior to developing signs for any development in the Specific Plan area: • Use a brief message: The fewer the words, the more effective the sign. A sign with a brief, succinct message is simpler and faster to read, looks cleaner and is moce attractive. • Avoid faddish and bizaue typefaces. Such typefaces may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business. • Avoid Hazd-to-read, intricate typefaces. These typefaces reduce the sign's abifity to communicate. • Select sign colors and materials [o contribute to legibility and design integrity. Even the most cazefully thought out sign may be unattractive and a poor communicator because of poor color selecuon:.. • Use significant contras[ between the bacrground and letter or symbol colors. if these is Gtde contras[ between the brightness oc hue of the message of a sign and its background, it will 6e diffitvlt to read. • Use complementazy colors on signs Too many colors overwhelm the basic function of communication. The colors compete with content for the viewer's attention. Limited use of 'the accent colors can increase legibihty, while large azeas of competing rolocs tend to confuse anddistuib. • Place signs to indicate the location of access to a business. Signs should be placed at or uea[ the en[iance of a building to indicate the most direct access [o the business. • Haunonize sign size with thescale of the stnrctuce. ', Deleted: Pnim~ .~ Deleted: .h~ __) Page 5-111 The DisneyL2nd Resort SpeuGc Plan Srction 5.0.• Z)esign P/an • Place signs consistent with the proportions of scale of building elements within the facade. Within a building Facade, rite sign may be placed in different azeas. 9 pazticulaz sign may fit well on a plain wall area, but would overpower the finer scale and proportion of the lower storefcoot. A sign appropriate near the building entry may look tiny and out of place above the ground .. level • Place wall signs to esta6Gsh facade rhythm, scale and proportion where Facade rhythm doesn't exist. In many buildings that have a monolithic or pLtin Facade, signs can establish or continue appropriate design rhythm, scale, and proportion. • Use widely recognized logo's rather than print/feet whenever possible. • Avoid signs with strange shapes. Signs that azeunnecessarily nasow or oddly shaped can restrict the legibility of the message. If an unusual shape is not symbolic, it is probably confusing. • Consider carefully the p?oportion of letter azea to overall sign background area. If letters take up too much sign, they maybe 6azder to lead. Loge letters aie not necessarily more legible than smaller ones. A general ride is that letters should not appeaz to occupy more than 75% of the sign panel azea.' • Make signs smaller if they are oriented to pedestrians. The pedestrian-oriented sign should read From a distance of fifteen to twenty feet, the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be. • Design the sign [o be appropriate to the building on which it is placed. The sign is an integral part of the building facade. The style of a sign should be appropriate to the style of a building's design:. 5.7.10.4 Americans with Disabilities Act (ADA) Standards AO private signs shall comp]}' with the pzovisions of rite Americans with Disabilities Act 5.7.10.5 Wall or Building Sign Standazds The Following standazds applyto wall or building signs. rtnlcss otherwise set forth ht the f:od • fr r die j nl rim Gu IrrtlF'• U; Uv~rlav. Also refer to the Sign Standazd Matrices within Secdoa 7.0, `Zoning and Development Standazds; of the Specific Plan (Code Section 18.1 14.130).... _ _----...--_ _. _ _---`.. .... ~ Deleted: ie Page 5-112 The Dimeyland Resort Spedfic Plan Section 5.0: Design P/an • :Mow two types of wall or building mounted signs. Business identification including name and/or logo specified in Subsection .0604 "Sign Standards Matrices" of Section _ 16;T 14.130 OGO and pedestrian or vehsular duecoonal and L.. ` Deleted: 7e _~ information signs as speuFied in Subsection .060] "Informational Regulatory and Directional Signs" of Section 18 H.130 OGO {Code Section 18113.1301. ~ ' Deleted: ~e ~ • Determine size of company identification sign by length of " ~ ` Deleted: re street frontage and/or height of structure as oudmed m Code __ .._ Sections 18 7 I+ I +U O(0 UCU4 i~; cner~l ~i~n Sri id ud+ \1~ttcL11 ~ -~ j Deleted ~s.t3o Page 5-t 13 tom) 'Ph® Resoet SpecEflc Exhibit 5.8. ia-full,Street Crass Sectdan Reference Plan 4 m m s~c~«t Enhlblt S.B. ]tf- Disney Wa : Fu11 Sheet Cross Seaton i ~ ea, Road - ~ _ .-, ,~ , f ~'~ V ~ ~:~:_:: j .. 28 _ ::. .t --~ .:::.... . IB . Fig .. . D~irict . West . .... .. . .... . i Palc~B Arco ~CenNOSAvenue .. ..... .. ; Dis<r,eykn,d P®k ~ • Th .... ~ • C is ... .. eme . i :::::: :: ::::::::: ::::< ...... .. ......... ... m ~ Theme Ptak . ..... .. . ...46tr1cf ... .... . ' Fbtel . .~~~ .~ j ~ .. ~ ~ . ..:,;?G1k: .. m o .:: ~. t : ::::::::: ::::: A, Anch~+n •-' Ctrn>~r~tian _ Center 3~ ® s86'iC ~,9a~a~ e+~'P, ~~ Y ~` East Nam ~ ~ e$ E m ¢S &dedilsg em~ope Icon 9~Bfl W layered bntlscape in seitmdc cone u~ permit when viSbte to coruisis of trees, shrubs grountl put;GC right o! woy Cover and turf P o ~rt>, twersry }~ 18fl1 (2d~ ors center $peCiCl light fature dnd bonier pole st CarlrwdY cmd rt~dion. typlcat ~~ Doulxe row o1 Dale Ptlrns, twenty-tour teat (2A~ at center Groemtl eoverrnoy fndudetvrl. grourxi \ cover. or shrubs t Private Setback Realm Reotrtu Ptlb5d RCOYit ~i ~I O' ~' C . ICOn Height 97r,~ r101 0%CBBtl 30 t88t ~d Centarts>e / y ~n en an an rressoa,~ 3 trav2i It>u~ a~+rxao ~ ~ I 1 i2to ', I ~trt~a+orr~caay~n ma>Nato~ otmrovd ~ oty ~R+ ~~'ele3~' Pit®J ~, ,~«, ~gnoge by cantktla~duse petmil when ve3~le to pubGe right OI woy ~~~ Layered kvttlscope insetbock carntsis of trees shrubs ground cover and turf Double row of Dote ['alms twenty-four feet (2d~ On Cenier ' - I speaa sgm rnwe .~ ' . and banner pole 1n ?~ ~ parlcwoyanO t, ,, meson tYPiCaI Private I 6elback ,,.,.,,.., Put~c Reotm Double row of Dais Polms. twentydaur teat (2G) pn Center Cxaund COVe(moy ir,ca,de turf, gamd cover, or shnms Icon hletgtd shoo rwt exceed 30 fe91 Per Mordrnum SWcturd He1gM EsNtitt Amentletl Per tDrcBnoxe No. 6613 Bung envel~8 21 sky exposure p1mvB &rdts tup~ng ~Bht I nntsxlmum rxuufmg heir of ••i1LL ~ 481baalt: 7s feel /,~/.c,~-~y Landscape fn Setback Realm byltattlownar ~/ / i /~/ I (L~sWrnped Pa~+W {n Public Ae~m Sid®v/alk ~. 11fl I Be' Bfl' Bfl 11 c®rn® t fraV&1 Wnei Width to c®nt: 82 to 83 K { Anaheim Gardenvralx Ovezfay lAlltnbt~KOt~o AvBtne®I~t#~OfivaY'• 160 fo 166 tl lv:lfe:l~v.ap.wpVQmpnYCtu~ altl lmy ~Y hDln tprr~ 91rowR 31l07/BCt fD 1118 ~+aM MD C91' Eepnmot iC~teua ven~~: S ®Cic ~~®ce~t fo iaheim Gardenwalk verlay(uiti~ta4e c~ni®n) ~ Y B~bra~ CAI tt~ Bd '0'ro Exhibit 5.8.2e (2}-Ralf S7reet Cross Section 3d Kotetia Avenue Setbod<la+dsc~e 1o cotnki o} frost 9vuhs growKi cwar and/orhut WoMinB deagn to be layered . Where odegvdfe sPdO®d pertN~i strBet trees in palcwdys aid r7recFdn to eafsist f m'no9 au1 nh~wn eonoPY heel hvc+Mydour feet C~~ on eeNer. typlcd• Where me~dn aidia pahwW 6 oec~ieGby of ele~fOi®d pstlestnon ro nor "coti~ grourw cwerauua 1urt RNdfe Reo1m ~ Reokn I ~~^ ~± ~! (EaR phfACtGR Ca ~~4ae SCE 1ov.~n9CE ®1561 ~~ ®Cif ~j~ ~i' ~® Pariei~i i~i6~ ®t E t eking e~ i'1~ W~y~~~~-°~ Exhlbff5.8.2v-ka~fSt-eefCr~SsCP~n ]b, Disney Way °~ ~µ la1~Y~ Lartdscaas in SCE COrritla to aomm ottrees. rnn,tx cover arrtl/~1wf:P~9C~8^to be loYered br uitjeol to the ~ Of SCE xeupied by on tepdvW Is ~ tOti0f16yStem. ...... to Coc~ist W vtrms u~ StteBt trees in plakxRys oM ~ ~ 4tmAU ~au~ fTB~M /0 OI BnOA M modtAir conePYtrees Private Rein Pt>n Rawrt~edfie Plop ®isne /tea (° ck j® t~ t® hex ~t'_ _ .Ana 9Bn iQ CG~6C ~9Qf1 41 5 Fxhlislt5,8.2u~NattS`h~etCrassSectlan 16 Disney IN Pr6~SiC Reotm ~': ~a 119 H SettwrJc tw~cope tv corv8t of trees, shruts grwn0 rover wrtl7w turf: plwberg tlsslpn TD be IaYeretl Irmtlsmpe me §_ ~' i Retctr+p ernralope - - ~ ~ ~,~ sin J,a ;~sR ~R ~l Disney Wey .1198 w>amrra/ ~~ >~~~ ®ISne~1NeX: Ck s~J® tit t® P~f~L6~8 ®95tJiCt at East A s S®u m Ui~ ~s~ ~ d~~) Exhibit 5,~.~-Hoff Street Goss man J7, ~sne Wa ~F®~s-'t ~ SetboUc lorxiseope to coris0t of treez storms. gro~atd cover aio/ot fiat ~ON~ oeslgn to he loyeretltondzeope Pedeslriarsia9xroAC Street trees h patwoys orsd me~7nto r~,ofst~~ra„Y1r~I Pic Redm Mrnmiuan sfruCitxd trust &plWgerrvel~e 1 ~a ~ 8R 6 ~R 3b 1 aane»~ 75 IBfl c -- -- ~ - - -. - ` s 113fl ~ 09drfCtA 1a7~`1' 1 DISf6~ ~ ' C~ ~~~®~nt t®® ~ ~ Exhlbtt 5.8.E 19odf Street Cross Ssctlon 17b,1Disney Way Icon 9gnCge UV COfi(S110r10~ vse permit when vide to pub9c right oT vwy Loyeretl IorKBCCAe in se16>adc to rnnatst of treat sNubs. vir~ groµntl cover ontl)w lurf Fbtkwcy plonivtg to consist of oltenmting veNdCOI trees orb SrT100 ~ rnecfau+t cnnOpy ~_~_ __r pees ~ Plonl'vi96n grountl mpY.UtcWtla growtl 1 cover antl/a tint Medton plontkig to co<+sist of sssdl ernopytrees atvtrUS. vines, growttl cover ond/or Ieon Heignt rwt exceetl 30 feat Icon 99''~9e by COr~11onWuse Demdl wPren v60ke Mps~o ill otvbY ®~, faaunp~s ~ future pe~stAQtorhaspaf~bnsyslefn ~~ ._ ,~ ~~ ~, f ,r, 12B I 26fl I 10ft rte: omtyr~tatamwvmY~ e,~aw~. am~etromw afrpeovmot+tre car r Clementine Street: SetbacBc Adajecent t® Anaheim (~ardenwalk ®verla~® n~~H ~ ~ ~ru.^~ ExhibTt5.8.2ak(1rHalfSfreetdossSect1on27a Disney Way " ~®-~~ ~~ P~rV5~1>/`f bJ~`~ (~~-e ~~ 9 Mlnirtnlm ~ttmdc 10 n, m shown N QOSS Secton 2& Section 5.82 Nllnimum ~tboctc ton. as shown trt das section 28. Sector 5.82 nAnimwn satbaac zo n. os ~,~t,~a~s~,~,,~ Sectiat 5.82 (~:~ : ; : i .~ .A.~ . DishiCt A . n ~o~=a~n ~ Disney Wey , COl11d l7e tl by a macaw ~1 romp. w~ co~ac oar Fteetlmon r-••-1 WFI~C911W1W {-:'~'~- P~rtknum>~tboac 10 n, as . :~\ shrnmin t;toss secton l8o. :::.. \ searon5aa j '~~ °sanx~m ~cm~ ~~~~ CorAdW ~ mown et Cron ~LJ=~-L / SecBat 16 r__\,( ~ibadc ~ n, os "LOSS Seenon 17. ---~~c,-: I ~: Sector 6.82 l_.. ._ "~ ~ ~1~~' ttwan »rooa<:,o n. os ~ ~ ~ - ~ swmnonm P n+oarc, m «~ s ae, : - .. . ~ ror~ty ear secnw+ ss2 ~ ..: „ r~wcac ao n. oa a,own h Cry fiction 27. .. ~ Section 582 L.._ _:: -...- t.,m te,ccox l l n. ~ Ntawn in Gam Sec6otx 40 otxi ~, secna, ae2 n~ ~ p® p ~feBc4 ptr P6®n ~~_~ txanat otrtrB d~acb etxt Pate U ~ Fact ®' Exmm~ s.as~ Dt'intc- coricepr ~: c-ost Parrar~ asa sanr~am c~raroa c~«, cater: ~t~~~~ \_ _ _ ~. 4cGQ i P~_y9Yw..-may.. ~ ~ ~ I . yAREA 8 '~ ~ ~ ~ ;'. ~ ~ ~ 1 ~ FUTURE HOTEL AQID'SpECL4LT1eRETA1L' AND DINING USE ~ ~ ± ®~_ ~ ` - '~ ~ I ~ 1 , ' }` I 1! ; ~ ~ SUBJECT TO FINAL Pf:AN APPROVAL IN CONFOftAf7NEElNR'H ~ ~ ~ , <~ , I ~ ~ 1 ~'' 1 CONDITIONAL USE PERMff NO. d07B, ASAMEfVDED: ~ ;"_ _ I 1 1 ~ ~ ~ - I ~, ~ ~ ~ (NOT~F. THIS PLAN DEPICTS EXISTING BUILD/NGSlNAREAB : 1 I ~ ~'! 1 I ~ ! .. I ~ ' ~~ ~ ~ THESE BUILDINGS WOULD BE REMOVED IF AREA B USES ARE ~ ; ~ g ~ 1 1 '~ ~ ' _ ~ 1' ' .~ DEVELOPED. ,' { ~ & - ~ -~' ~-5 • . ,. I II j ~ I ~ III , ~I r- w+u.~ i ` `i: I I~1 I 1 -Y~ I 1~~ ~ _ ~ ~ ~~ 4 ~ ~~ - ~ 3 ~, •~ e~ 6 ! ~, :. ' 11 ~ ~ ~ _ ~ ,1 ~ ~1. ~ ~, ~- ,:~ ~ i , I , ~ 1 ~1 ., w \~ ~ ~ ~ ~' j ,, e / f1 ~ ~ ~ I ( I ® ~ ~ = 1 $' O ! ~ _ _ ' - __ _ ' m I L---------- -----I ~ ~ ~~~; Z~, Q' N 11 N ~ 1 ~~'.. 1 . _~._-__, ~ J ~ I _._ _ ~ ~ ~, 1 ., ~: i i 1 ~ r 1 ~ ~ ii ~ ~.~1 ' ii ~ 1 r ; _ _~~ac-. r_ Inl ~ ~.~1 ~~I~ i l l ®® 1 1 I a ~ 1:111 i!i l ' Y n ~i ~ -;~~ i } 1 • / I 1 . 1 1 ' -' - ~ e e e 1 I f s 1 a,.e~ .y ~,..... ~ 1 I 1111' 1 I , -- - ,.en ~, ~---' ~til I I ' I ~ ( - I ~ ~ . ~ 1~ -. 1 111 1 I 1 ~ - -- _1 11 i 1. .. _. _ 1f 1 11 of .ems r a I~ 1 : ' 1 1 1 1 I I ~ I ~ I ~ A~ ® ~ _ I 1 1 1 1 1 1 1 1 i t I ' • ~ ~ . I 1~ I i 1 1 1 ~ _.._ _. ___ r ~ 1 ` noun ,,\ ~ a ' 1 1 1 1 I I I I i 11 1'. 1 I 1 ~. ~ 'f 0 ` ~ i i I i 1 I` I I I I i .. 1 i - 1 'IVI ~ 6.evw ' WC .Ifv® naves ~ 1 ~1 I I! I I 1 1 1 ~__ J ~ 1 ~ 1, 1 ~ ~~_._-_®-~ 1.1;1 .Ili I ~. =_--~ =---- _ I I )1 I L I ~ _ l.! L . _ _ _ ~. . I 1 s .- _ ~1 i _ _ _ _ _ -? J ~_ r- '-~ __ _ne 1~---- -' C_~~ _ _ _ _ _ _ _ .. _ _ '~ _ _ _ _ _ _ ' --_ -ma~yy ~~- ~~._~/.~/_ I~_~_ - I 1 L _ _ _ _ _ _ _ _ _ _ _ _ ~ _ - JQ1)LLViIJYC~LYG- - .. _ _ _ .. - .. _ _ ._ _ _ _. _ _ _ _ _ -, i . _ i-_-__._-_.__ __..-..____..._.....___. .___._.___-_-.__~_.__. _.____... ~._-_-_ 1 ~1~"nl nr~, rl i r~ 111111 I I I I~'I I III .11111 .ilrp ~~ KEY PUN i ~ i .; 1 .. .. 1 i~ _ _. 1 ~. _ ~~ I_^I r_. I Ii I ANAHEIA~ GAf~DENWALK LEVEL ®PLAIV ~ 0 ®3.x.2 CONCEPT DESIGN DISNEYWAY ~`- - w, r-`----------------- w -I;I-- - ~ . u~~, __ 1 I 1 ~ ~ AREA B ~- ~ ; i FUTURE HOTEL AND SPECWLTY RETAIL AND DINING USE I SUBJECT TO FINAL PLAN APPROVAL IN CONFORMANCE WITH I , I CONDITIONAL USE PERMIT N0.4078, AS AMENDED. ~ (NOTE: THIS PLAN DEPICTS EXISTING BUILDINGS IN AREA 8: THESE 8U201NGS WOULD BE REMOVED IF AREA B USES ARE ' ~ ~ ' i DEVELOPED. ~ l , I I I I il ~~ ~ I i ~ I ~ . ,I i I , I) ;; _ i i i I I I i ~~~ ~ ~ 0 m - _L--- ------------- -- ___..----------------------- , ., _ ~~L ._'. ~ , ~I ~ ~~ , ~~ M "> W y 2 ~` U ser aua ,, a i ~ e° ~ ~ ~ i4 ~I{1~ ~ ~ •~ l! ~ ~ ; '. L i _ -su L~ .... '. I '\ .: c .- .__ _._ _ .. ... -~ MRIIRL'~d _. ., _ •. n IY.'\ICLYAA VYN4lG. - _ _ _ ~ 1,'R?CIA ~~ I ~ ~~~. j .~ ~ ,.~.;_ - i ® i _ 'r' --, ........J ~ i ~ ~ "f ;, ;~ m,~ ~ i ~~ ~ ~ ~ i ,_ -, ; 1' .. .`I ANAHEIflA GARDEN~/ALK LEVEL THREE PLAN ego ~ ~®.~m~o~ CONCEPT DESIGN 0 m 0 ~. .. r~ ~-------------------~?r- ' - III I AREA B FUTURE HOTEL AND SPEC/ALTYRETAILANDO/NINGUSE ~ II I _ SUBJECT TO FINAL PLAN APPROVAL IN CONFORMANCE WITH CONDITIONAL-USE PERMlT N0.4078, AS AMENDED. I ' I {NOTE: THIS PLAN DEPICTSEX/STING BUILD/NGSlNAREAB: ; I { I THESE BUILDINGS WOULD BE REMOVED IF AREA 8 USES ARE I ; I a a DEVELOPED. III P. I I~I I I, I• II _ I'I I III I ~ I , I ~ III III" j '. i'~- I I-- -- --------------------- - I ( NOi A PAP,T -----~ ~~ ~', -,`f 1 I II/(_ / i I L^`~J II r `-'~ ~ ~. .__ '~__ ~ I I I I .__~ I ~- ?a R T z U vev m eu II~------------ „~ :1 ,1..-~------- ,® 14 mo ~ . , ~I I ~~ , I a° w ®-+ :L- w ..----~ I- - - -- - -- --- _ _._ IG9TELLAAVEAIUE AnIAHElA9 G,4RDEN~LK COnlCEPT ®ESIC~IV R~®!- PI~IV ~i ''r ~®.3.~m~ DISNEY ll~IY - - - - DISAIEYWAY _. ---- _ ------------=-----•--•---r----- I _ .~or~~,. Ill II W ~ I AREAS W III Ia/n~-,~raan~~ar.~vlaErA~An~ c,~~,~hll 17t~F1nd4LPL4NA~Ot~IL~I WIiH ~ ( F m m O ll~PH~i'A~4UI~AS (MOTE71~aM1L~iC151II f. I> ~IAr~an w~o~-xEj ~ I ~ I n~~A1~ASl~sa~vl:-+aa~ II - . I I~ ~- I I, __ . , ,~~ I'I I I~I ~ I I.I 1 ICI' I ~ I.I ~--------------------I ~-- I I NO7 A P6.R1 I i I -----, ...._~r ;_--~.- ~' ( ~ ~ 3; '®^' j~ EiRE --.---~~ 57.41IOfv !I '~ 3 L W I W U LOCATION OF ICONS AREA NOT CONSIDE PROJECT INTERIOR ... -- _.. _.. ~m INTERIOR SIGNAGEAND ICON/THEMED SIGNAGE ELEMENT PLAN' I 6°T 5.~m3m~.5 eusinea ID Wall Sign IessTD Wall Sign Business ID Wall Sign Wall Sign Slgn ID Wall Sign Wall Sign ID Wall Sign Wall Sign REY PUq Business ID Wall Slgn Business lD Wall Sign Business ID Wall Sigr BUSINESSS IDENTIFICATION SIGN SITE aCEY PLAN t3U511[®SS Iq®11[I[IC8[AOI[ 71~n5 1 1 A : AgAMEItl OW, LlC BITE ~'", g : PYROVEBT BITE i ~~aB9~~~ ~v®voiv ~o~ NAMEPLATE SIGN 4 SF BUSINESS IDENUFILAiION WAIL SIGN / 60 Sf MAX SIGN AREA FlRSi LETTER 36° MAX. COPY LETIER 24' MAX i I s ~. RL,r. .. BUSINESS IDENTIFICATION WAIL SIGN MhIOR SIGN 92 SF 110 Sf MAX. FIRST LETIER 36" MAX. COPY LETTER 24" MAX }6' irtn A ~ ~ I I d+IIl19 ~ 110'ilflL6l~~ ~~FL +1,1i5A RONi "D" KAIELLA S10REPRONI 'E" VWAL L SIGN PARKING STkUCTURE ENTRY SIGNAGE PROJECT IDENTIFICATION WALL SIGN 12" LETIER MAX. ~~ SF SIGN AREA EL +1&7.97' EL +ifi6.72' EL +155.47 EL +144.22' IRD PARKING SIGN 6 SF MAX. COPY AREA i f ~ i .I ! .._.._.._.. ~ i or ~vCJ i •: uuxea aw ua mm o: rmcre~reire OUSINCSS IDENiI(1CA00N WALL. SIGN I(LOGU AND COPY) 110 Sf iOiA! FIRST LCl (EI2 36" MAX. cnPr LEtrER z4" MAX NAMEPA E SIGN 4 SF BCSINESS JE••N'tr'f,^.A`ION WA' SGti (0 O AS.. CO'Y) 0~ OA (A SO ~ ~\ ROM ~_MES:IXC) RS ^ER 72 4AX. COPY _:iE3 2< KAiELLA STOREFRONT "F" KATELIA / CLEMENTINE STOREFRONT G (C.ORN[R) - © KATELLA AVENUE ELEVATION (EAST IIALF) swE: ~ a m 20 ao 2/24/2006 BUSINESS IDENTIFCATION BUSINESS IDENTIFICATION BUSINESS IDENTIFICATION WALL SIGN fi0 SF MAX SIGN AREA WALL SIGN 60 SF MAX SIGN AREA WALL SIGIJ 60~~SF MAX SIGN AREA 9RSf LETTER 36" IfAX. \ FIRST LEER 36" MA%. FIR~T LETTER 36" MAX. " C,OW LETTER 24" MAX \ _ ~ COPY LETTER 2c" MpK MAX CO Y LETTER 24 I \ ! ~ NAMEPLATE SIGN M i! ~4SF 88 cu~6 KATELLA STOREFRONT "A" KATELLA STOREFRONT "B" i.0. PAW~Ei 4 +165.79' tRi 4 +H7]9' NAMEPATE SIGN •4GF BUSMESS IDENTIFICATION WALL S!GN 6O SF MAX SGN AREA ~RCT LL~~ER 36" MAX. COSY L~-ER 24" MAX PROJEC) 1UENlltt ICON 51RUCTURE No.l INTERNAL LOCATION NEAR CAIA GARDEN BUSINESS IUENTiFICNION GARDEN WALL SIGN ~- DIMi,NS10NAl LETTERS SET IN PIANIERS (NO LOCOS) (MAX. AREA IIOSF) FIRST LCTTER 3fi" kAX. COPY IETiER 24" MAX BUSINESS IDENTIFICATION (6) SEASONAL WALL SIGN (MAX. AREA 110 SF) GRAPHIC BANNERS FIRSL LETTERS 3fi" MAX \ 36 SF MAX AREA_ COPY LETTERS 24' MAX 1 30"w x 14'-0'h BUSINCSS IDENTIRCATION WALL SIGN (MAX. ARCH 110 Sf) FIRST LEliERS 36" MAX COPY GETTERS 24" MAX MNOR BUSINESS IDENTIFlCATION Whll SIGN (ONE ONIY) (MA%. ARCA 220 SF) 111151 LETi[NS M1B" MAX COIw! LETTERS 36" MA% SYMBOL HT. 108" MAX SEASONAI. GRAPHIC. BANNERS t-~ sT PROJECT IDENTIFICATION WALL SIGN ATTACHED TO LNING CRECN WALL 240 SF SIGN AREA PAR'dINC SiRUCIDRE PROJCCi ~~4ilr CA ON WALL SIGN AND 10 i) 4JE!CATION WALL SIGN ~rai vm N ROV O' i iVINC GREEN WALL 300 S~ SW^N AREA 240 sf BUSINESS IOENTIFlCATION WALL SIGN MAX. AREA 110 SF) FIRST LET S 36" MAX COPY LETTERS 24' MAX BUSINESS IDEMIFICATION WALL SIGN (MAX. AREA 110 SF) FlRSi LETTERS 36" MAX COPY LETTERS 24" MAX BUSINESS IDENiIFlCATION WALL SIGN MA%. ARFA 110 Sf) FIRST LETTE S 3fi" MA% COPY LfTFERS 24" MAX ~¢.iast m LLYa INfE ~LL a1H61 IRO ?ARKING SICK R1°40E B Sr" COPY A"nEA MA%. O DISNEY WAY ELEVATION scALe ~ o rn zo 4a 2/24/2006 r---7. i ~/ ~~ 1 r i ! .._._..__ ~ i oror ~u-~ i •: •wxnm aw. ue anx e: rxxarxm xrtx ~~ ®aa~yg®® The Disneyland Resort Specific Plan Seetion 6.0: General flan Consistency The Disneyland Resort Specific Plan Section 6.0: General Plan Consistency Pointe Anaheim Overlay 6 10 1 1 Anaheim GardeniYJalk (formerly "Pointe Anaheim" Overlay I Formatted: Font: to Pt, sold 1. ( it I I : A m 1 n ut'~ 3 ) ~ d 1 n'n I n'n ~: ~ ~ r 1 hr Dlsnrt land Rrsntt ~nrr fie PLm -. r• 1~ 1: F b t r nU^ u i it ~ss thr Pomp 1n~hcm: t i •'t U r h,llc ¢ n n ~ smnmau f ~ ~ = t n n hich ~nldrr, rsihe consistency of tiFitlrGeneral Plan Amendment and Speafic Plan i Deleted: Ti,= r n wmg d.:=usson ~. ~ addressn Amendment far tire Pointe Anahe'un project with the General PIanCotnmerctal Recreation land us'e .: _ __1 designation goals and policies and The Disneyland Resort Specific Plan goals and polices. Deleted: eh= ) Deleted: p~opo:=d GENERAL. PLAN CONSISTENCY California Government Code §65450-§65453 permit the adoption and administration of Specific Plans as an implementation tool For elements contained within tite local Genual Plan. SpetiEc Plans must demonstrate mnsistenry in regulations, guidelines and programs with the goals, objectives, po4ries, programs and uses that aze set Forth m dre General Plan. The Anaheim General Plan contains Land Use, Redevelopment, Cixculatioa, Scenic Highways, Em~ironmental Resource and Management (including Conservation; Open Space; Pazks, Recreation and Community Services; and Safety and Seismic Safety), Housing, Noise and Growth Management Elements. The Speufic Plan amendments for the Pointe Anaheim project have been prepazed in conformance with the applicable goals and polices of the General Plan. Sections ] tiuough 9, which Follow, include a discussion of [he Pointe Anaheim project's conssteny with the relevant goals and polices of each of the applicable elements of the General P]an. General Community Objectives and Policies This section describes the graeral coaununity objectives and polices from the General Plan. 1.2 General Community Objective 2 Maintain and enhance Anaheim as a regional, niltuml and employment center by diversifying and enhancing the economic base of the community. 1.2.1 Project Implementation The primary planning concept far The Disneyland Resort Speufic Plan was to create an urban destination resort that features several theme pazk attractions, resort hotels, restaurants, and shopping oppornutities. The City realized that by creating a destination resort with more attractions, lodging and dining facilities, visitors will be encouraged to stay for several days, or more, and to enjoy the variety of recreation and entertainment oppprtunities available in Anaheim. The Pointe Anaheim project will help fulfill this goal by providing 335,000 squaze feet of high quality specialty retail stores; 140,000 squaze feet of restaurants and 90,000 squaze Eeet of entertainment venues. In addition, the project will include three theaters featuring live perfoanantes with aggregate seating for 4,600 patrons (or alternatively artetna seating for 4,757 patrons); and 1,050 new hotel rooms in two or tkuee separate hotels. All of these uses will be integrated in one development. Project development will be phased over time within five azeas of the project. Page G-41 The Disneyland Resort Specific Plan Section 6.0: General Plan Consistency Pointe Anaheim Overlay 9.4 Goal and Policies 4 Enhance Anaheim's existing and future park, recreation and community services programs and ~- - - Eacilides tluough responsive and progressive management eeehniyues. 9.4.1 Policy Pursue altemadve pazk, recreation and community services development financing techniques, including development agreements and other pulihcJprivate techniques. 9.4.2 Project Implementation In addition to extensive retail, dining and entertainment uses, the Pointe Anaheim project includes landscaped plazas, wallwways and seating areas open m the public without a fee. The project has been designed m encourage use by pedestrians and will promote a Festive, recreational theme. 6 10 1 2 Comprehensive U~ldate to the Cite of Anaheim GenecaL Plan d _ ni n f tl j nh i C'• rde IX'• II ~p ~ cu ~ • in ~ gvtrtted inn+ the undated C4r feral Plan. 'I'Ix un xtsrd General Plan Amendment No. 2[IOi-Ott<4I0 assotiamd with Amendment No. G rn The Dism•land Resort 5 ~c -ific PI: a includes an amendment m the Lind Lhe F'lcmrnt of reElrrt thr fr II d y; rr ~~~cd lx ~irct drscription: Formatted: Fpnt: Garamond ~.`__- U t 1 r ~ to rd Went V C ti Th ~t ~ hein Rc z ~t tip ~-ifi • Pl the (: rdenl\':dk nroiect include. Formatted: Indent: Left: 0" the t ' de • •I i}~mun Ph~sc~ a tnlhrtvs: Thr xn rtt as amrnded cuntimres to he m com>liancr utth thr General Plan___ ,___,_..__ .__ L-. cele~: t Page G-71 The Disneyland Resort Specific Plan .Section 7.0: Zoning and Development Standards The Disneyland Resort Specific Plan Section 7 0: Zoning and I3evelopment Standards The Disneyland Resort Spedfic Plan Section 7.0.• Zaning and Development Standards ` CHAP'PER 18.114. 18.114.200' Nonapplicahility of Chapter to DISNEYLAND RESORT SPECIFIC PLAN 'CityActivitics or Property NO. 92-1 (SP92-1) ZONING AND DEVELOPMENT 18.114.010 PURPOSE AND INTENT. STANDARDS Sections: ,010 $urpose. The regulations set forth in 18.114.010 Purpose and Intent this chapter have been established xo provide 18.114:020 General Provisions' for orderly development of, and upon - 78.114.030 Definitions ado lion of an ordinance mdassifying said 16.114.040 Methods and Pocedures FoY property to SP 92-1 (the "Zone"), shall be Specific Plan Implementation applicable [o that certain property (hereinafter 18.114.050 Land Usc and Site referred ro as the "Spedfic Plan area") Development Standazds - described in that Specific Plan No. 92-L General document (hereinafter referred [o as the 18.114.060 Land Use and Site "Specific Plan") mazked "Exhibit A" and on Development Srandazds - file in the Office of the City Clerk approved Theme Pack District by the City Coundt on June 29, 1993; and as (Development Area 1) amended on April 12, 1994 (Ordinance No. 18.174.070 Land Use and Site 5420);]une 20; 1995 (Ordinance No 5503) Development Standazds October 22, 1996 (Ordinance No 5580); July - Hotel District (Development 13 1999 (Ordinance No. 5689) ~vlazch 19, ~ .- ~ Deletetl: and Area 2) I 2002 (Ordinance No. 5807): and .2006 78.114.080 Land Use and Site ((lydinnnce Nu. 1 ox as the same may be Development Standards - hereinafter amended in accordance with the Packing District (Development Spedfic Plan Amendment procedures set. Areas 3a and 36) Forth in Chapter 18.72 (Spedfic Plans). (Ord. 18.174.090 Land Use and Site 5503 § t; June 20, 1995; Ord. 5580 § t (part); Development Standazds - October 22, 1996.) - Future Expansion Distict ,020 Intent, The Disneyland Resort (Development Area 4) Spedfic Plan Zone recognizes the uniqueness. 18.114.095 Land Use and Site of the Anaheim Resort as afamily-oriented Development Standards - tourist center destination and provides far the District A development of an urban destination resort. 18.114.100 ]05 18 ]]4 C-R Overlay naheim Garden~t'alk Ovcday ~ that features theme park attractions, . _,-~..-- Deleted: roam - -- . . __-, _.. - --- -,__- lrotd/motels;zestavratrts;shapping 18.114.106 Central Core Provrsrons fox the opportunidesand pazking facilities directly l d ~ ^aherm (. udcn~t; elk Oveda ~.--- --- ----Y --- ete : Pointe ...--. De ----'-related-totntextauringtodgingand supplying --' 18.114.110 Off-Street Parking and Leading services to tourists and visitors consistent with Requirements :the intent, purpose and goals of the City's 18.714.120 Requirements for Vacations General Plan: Ownership Resorts This Zane is further intended to enhance 18.114.130 Sign Regulations community appearance; to protect public 18.114.740 Application Fees investment in, and the character of, public 8.t 14.150 Development Review and thoroughfares; and to aid in the attraction of Perrxuts tourists and other visitors impomnt to the 18.114.160 Dedications and economy of the City. Application of these Improvements ' mgulations is spedfically intended to provide 18.1]4.170 Redassificadon Procedure = for the most appropriate use of the land, Violation .create a harmonious relationship among land 18.174.180 Penalties for Violations uses and protect the health, safety and welfaze 18.114.190 , Amendments, Conditional Use of the Community. (Ord. 5580 § 1 (pazt); Permiu and Variances October 22, 1996.) Page 7-1 The Disneyland Resort Specific Plan Section 7.0: Zoning and Development Standards .030 Organization. In accordance with. the provisions of Chapter 16.72 (Specfic Plans), the standazds herein arc patterned after the zone districts and definitions contained in Title 18 (Zoning). (Ord. 5376 §1 (part); June 29, 1993.) 18.114.020 GENERAL PROVISIONS. .010 Compliance With Disneyland Resort Specific Plan Code. All uses and development in this Zone shall comply with any applicable provisions of the Code expressly refeaed [o in this chapter, including, unless specifically amended herein, the provisions of Chapters 18.92 (Definitions) and 18.40 (General Development Standards); provided, however, that in the event of any conflict or inconsistency between any provision contained in any other chapter of this Code and any provision contained in tiiis chapter, the provision contained in this chapter shall govern and apply. All Engineering Standards referred to in this chapter aze on file in the Office of the City Engineer and aze incorporated herein by reference as if fully se[ forth in this chapter. Where the provisions of this Zone do no[ discuss a Spedfic condition of situation which arises, the nonconflicting provisions of the Anaheim Munidpal Code shall apply. .020 Disneyland Resort Design Plan. The site developmrnt standazds set forth in' Sections 18.174.050 through I8.] 14.130 have been adopted to operate in conjunction with the Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific Plan document (heteina&et refeaed to in this Chapter as the "Design Plan's approved by the Ciry Council on June 29; 1993, as amended on April 12, 1994 {Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5G89);rMazch 19, 2002 _ Ordinance No. 580 ~ ~~~~ ( 7k and Y~X- 2000 ,------ -. --- (Ordinance No. ?O.'Rl as the same may he hereinafter amended in accordance with the Spedfic Plan amendment procedures set forth in Chapter 18.72 (Spedfic Plans). Said Design Plan is incorporated herein by this reference as if fully set forth in this chapter. All development otherwise permitted by this chapter shall comply with any applicable provisions of the Design Plan. (Ord. 5503 § 2; _ June 20, 1995; Ord. 5580 § 2; October 22, 1996; Ord. 5689 § 1; July 13, 1999; Ord. 5607 §]; Mazch 19, 2002.) .030 Compliance with City of Maheim Codes. All grading and subdivision plans shall comply with all applicable regulations and be reviewed and proressed in accordance with the procedures contained in Title 17 (Land Development and Resources). Ali constmction shall comply with the provisions of the Unifoan Building Code, as adopted by the City of Anahevn, and applicable secfions of Tide 15 (Building and Housing) of the Aaaheun Munidpal Code. Constmction within any District may commence only after the Planning Director finds that the constmcrion proposal is in substantial compliance with these regulations, applicable politics and guidelines of The Disneyland Resort Specific Plan. With the exception of exemptions provided in subparagraph 18.114.040.0201, the issuance of building permits may only ocnu after Final Site Plan approval has been obtained Erom the City oP Anaheim, subjedm the procedures set forth in subsection 18.t14.D40.020 (Final Site Plan Approval).. .040 Dietriet Boundaries. The Specific Plan azea is divided into 5ve land use Districts {the "Districts': Theme Pazk District, Parking District, Hotrl District, Future. Expansion District and District A. The Spedfic Plan azea and District boundaries aze identified on Exhibit 3.3b (Development Plan) oEthe Spedfic Plan document. The .project azealegal description is provided in Section 9.0 of [he Spedfic Plan dotvment. Modifications to the configuration and size of the District houndaties may result From technical refinements and site conditions in the subdivision and/or Finn] Site Plan --~-~ process,-andmaybe~modi5edin-accordance~~~~-'-- - Deleted""a ---witlrihepromduressct-forth-in-sabsection-------~---' Deleted:. r a.r ta.twu.u~u IPmar Sue Plan Approval) without amendment to the Spedfic Plan. Precise District boundaries shall be established, as hereinafter provided, by [he submittal, review and approval of subdivision maps in conjunction with the subdivision Page 7-2 The Disneyland Resort Specific Plan Section 7.0: Zoning and Development Standards [he following types of plans shall be subject to the review and approval by the Planning Cormmission at a public meeting as a Report and Recommendation Item: (a) All development in the Hotel District with the exception of development subject m the standards and requirements set forth in Section 18.114.100 (C-R Overlay). (b) Stceetscape and landscape within the Theme Pazk District, Parking District and Fumxe Expansion District Setback Realms, as described in the Design Plan. (c) Minor boundary and aaeage vacations not exceeding ten percent (1D%) of the ]azger pazcel. (d) Final layout fox the pazking kin Ar Conditional Use Permits in the Anahchn Municipal Code. Final Site Plans processed under this subsection shall be subject to environmental review. The Planning Commission shall review the Final Site Plan to determine if it is in substantial confotmancc with the Specific Plan and the provisions of this chapter. The Planning Commission may approve, disapprove or approve with conditions the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Councl within ten (10) days from the date of such decision. Before approving a Final Site Plan under the provisions of this subsection, the Planning Commission shall make the following findings faultty rn the East Paz g ea. of Fact: (e) Final detailed layout of theme (i) That theproposed development _.__.~ ~- Deleted.: Pointe Anaheim Garden\C'alk Ovetlay,F'\rca_l as ______will_no[adversely affect the adjoining land ... _- Deleted: u(cstyle ncvii and identified on Lixhibit 5.6.3.t.1 designed in uses and [he growth and development of the Gmeminmmt Oomplex accordance with Conditional Use Fcmdt No. 4078 as amended- One or mote I^inal Sitc Pb 'may 6 • nroceveil tar •\rea ~\ Provided tl •n th • r •tvl mncoar+c and pulrinr faulia• shall fir )_rrnccesed i. nnc Fin•il Sitc Plmr and the h td' may b • nr ' •s'ed •re veparare Fin11 Site 1 Ian.. a.___... _.___________________-_ _.... If the F"mal Site Plan is Found to be m substantial conformance with the Specific Plan and the provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The Planning Commission's decision shall fie final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Sitc Plan. (Ord. 5807 §2 (part); Mazch 19, 2002] .02 Plannurg Commission Public Hearing Item. (a) Final Site Plans for all development within [he Fumre Expansion District, with the exception oEPazking Facilities shown on Exhibit 5.8.3e (Fumre Expansion District Concept Plan) of the Spedfic Plan document, shall fie subjett to the review and approval by the Planning Commission at a noticed public hearing. (b) Notice of such heating shall be given at the same time and in the same manner as specified for hearings for azea in which it is proposed to be located; (ii) That the size and shape of the site is adequate to allow for the full proposed development in a manner not detrimental to the pazticulaz azea nor dte peace, health, safety and general welfaze; (id) That the approval of the Final . Site Plan under the conditions imposed, if any, will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim. (c) Notwithstanding [he provisions and limitations of the foregoing subsections (i), (u) and (rii), the Planning Conunission or City Council may approve any Final Si[c Plan if the Planning Commission or City Council finds and dctumines, either in its approval of [he Final Site Plan or any other fording pertaining to the proposed development (including environmental documentation), that (a) the concerns addressed by subsections n, (ri) and (tii) above aze mitigated to a level of insignificance at (b) ovemding considerations warrant the approval of the Final Site Plan in the event that either one or more of the findings of fact required by subsections (), (ri) and (iii) above is no[ made or insufficient evidence E set Forth in the record to support one or more of [he findings of fact. .03 Exemptions -Theme Pazk, Hotel, Pazking and Future Expansion Districts and Deleted: appmvcd in cotnplvnce with the Paine Anaheim Overlay aegwrcmeno. Fu¢hcr, prodded chat the Fvul Site Plan shoo be m accocdmce wills the mgiriacmmts set fonh N Section ts.t ta.tos tpninte Maheim oaernr), enrompass the rnrkery aF the?9.Laae Poinm Anahrim Oaxday; and pmaide hs dse devdopmmt of onecomprehmsia pmjett m be constzucted ht up m five Page 7-8 The Disneyland Resort Specific Plan Section 7.0: Zoning and Development Standards applicable provisions of the Spetific Plan prior [o issuance of building, landscape or signage permits. The following projects ox improvements aze exempt from the Final Sitc Plan review and approval process as set Forth in subpazagraph 18.174.040.020.0201.04(b)(ii)a (Review and Approval): a) Interior building alterations, modificadons or improvemrnts which do not result in an increase in the gross squaze Footage of the building. b) Minot building additions or improvements interior to of at the reaz of a building or development complex which aze no[ visible Erom the pubhc fight-of--way; do not exceed five pesent (5°/u) of the building's gross square footage ox one thousand (1,000) squaze feet, whichever is lesser; axe in substantial confoananm with the building envelope; and, aze in conformance with the Design Plan and the Zoning and Development Srandazds set forth in this Chapter. c) Exterior fagade improvements which do not add to the gross square footage of a building or development complex; aze in substantial conformance with the building envelope; and, aze in conformance with the Design Plan and the Zoning and Development Standazds set forth in this Chapter. Such improvements may include, but aze not limited to, the installation of window awnings and/or canopies, replacement of existing doors and windows, and modification, repair or resurfacing of exterior walls and roof areas. d) Signage, including Anaheim Resort freestanding monument signs, wall signs, and on-site duecdonal/informational signs, except as provided for in subpazagraph 18.114.170.060.0602 (Conditionally Permitted Signs) and which signs aze in conformance with the Design Plan and the Zoning and Development Standazds sec forth in this Chaplet. e) Landscape/hazdscape improvements or modifications which aze not in connection with building modifications. OS I tnal dctatlcd luyout of the \n• h im (a d • Walk (wcrlay. \rca }3. ~> id mtiE d o hxhibtt 5 8 9 t 1 Onc F utal Sitc PI c np si rc the cntiret}' nF -\n:n I3 'I •dl I_•nr xw •d in the Fnllmvinh manner: • 1 Rc is nd ~Approvll hinal Sixc Plat ~ i tduding but nor limited m Site. Plans. FI r PI Fle •~ti tc Landsc•tpc Plan, •tnd -uch th •r phn ~ and informnrion'x required b}• th • Vlan i ~ Dir •cnx shall he prcp•tred I cuL in •d to tha• Plnnninl> Dep•trtmcnt f r r •vi • v anti lppr tvil by nc~ Cin nF ~\ ah •im P6 inr~; f~ommiscion 1s a public h •aring it •m if the Final Fite Plan i. found to t e in c nfr rrtt nee with the Specific Plan nc~ I)e i~Plan Conditional Llce Permit No. 4078 ~~ •tmc d •d Ind the provisions of this Ch toter th • Final Site Plan sh•dI be approved. 'I'hc PI i~+ C t nmissinn'c decision chap be fi 1 nlc ~- ap~tc•tled to rite City Council Within ten 101 d•tvs from the date of such decision. flans submitted for issuance of h ildinp land<cane cigttal+c permits shill be ' u nfox c • with the a(_rpmved pinal Site PItn. h) ••\nncal Praccss 'lhc aJ_rpcal shell he pr ce red in the same manner 1s lpprals for decisions oc redassificndons conditional u~e e Hitt nt variances as set fiath in S •ctionc I S 60 190 thnmPh 18 G0.150 extent that th • a}-rpc•d pert d shall be •t maximum of ten (l01 davs. Pnvironmentll Rcvicw. Nr mithststdi,~ amp other provision of this Chnnrer Pinal Site Phn xeciew by the Planning Deoattmcnt undcrsubnacaeranh i S 114 040 020 0201 OS(a)_ (Rcvia•.w and \nn val) sha11 indudc ~ ministerial dete mimti whet) er nc~ nretno-ed builclinP ~tt cture r tae has been envirrrnmentally d •ar'd berth • Second Addendum to the Pr tote Anaheim Initi~il Study Ind hfirihated Ncmtricc Dcd ration/Miril+atic n nfonitorine Proeram No 0041 if nor. then the proposed deity ~I all be subi ct to the prcparatinn of Iniri• 1 Smdv ~tnd porendal fucthcc •nvi onmcntnl •vicw and mirilntinn pursuant to d e C•dif min hnvirnnmcntal Ou2lity Act r_aguircments. .0202 Content of the Final Sike Plaa ~ , Submittal. Final Site Plans shall contain the infoanation set forth in thck'mal Site Plan _ _.,.--' Deleted: ndndm nc.~nspcri6c Pun Review Application as adopted by Resolution Page 7-SO The Disneyland Resort Spccfic Plan Section 7.0: Zoning and Development Standards projects in District A or developed under the .0202 Up to one thousand (1,000) of the' C-R Overlay requirements. The C-R Overay five thousand six hundred (5,600) guest standazds fo[ those uses aze set forth in rooms may be located within the Theme Pazk. Section 18.114.100 (C-R Overlay). The District, provided that visito[ vehicular access "" District A standazds for those uses aze set [o any hotel within the Theme Pazk District. forth in Suctlon 18.114.095 (District A). Thar _ shall be obtained from Wes[ - . _- -- -- Deleted: aoN« Anaheim F lyden\Val l: Ovedaq standazds for Street/Disneyland Drive only those uses aze set forth in Section 16.174.105 .D30 Permitted Temporary Uses and (i4nahum GazdenWalk Overay)_ The Strucmres. The following temporary _-. ~-- Deleted: ao~m Districts and coaesponding Development buildings, structures and uses shall be Areas herein aze those identified on the permitted subject to the conditions and Development Plan Map (Exhibit 3.3b limitations specified herein: (Developmem Plan) of the Specific Plan .0301 Contmttois Office and/ot document). (Ord. 5580 § 8; October 22, Storage. Temporary sttucmres including the 1996: Ord. 5689 § 3; July 73, 7999.) housing of tools and equipment or containing .010 General. Notwithstanding any other. supervisory offices in connection with provisions of this chapter, the following cons[mction projects.. Such structures may be additional limitations shall apply to the established and maintained during the conduct of any use permitted in this Zone: progress of constmttion on projects in .0101 till uses, except in the Theme Park accordance with the phasing plan of the District, or as otherwise pernutted in this Spedfic Plan. The location and duration of chapter, shall be conducted wholly within a such use shall be subject to the approval of. building. the Planning Director. .D702 All uses shall be conduced in a .0302 Open Air Festival. An even[ manner so as not to be objectionable by, (public gathering, speech, concert, reason of noise, odor, dust, Eumes, smoke, presentation, or show) otiented towazds. gas, vibrations of other sirnilaz causes tourists and visitors [o The Disneyland Resort detrimental to the Public health, safety of and held wtside in a theme Pazk or hotel general wnlfaze. complex out of view of the public right-of- - .O1D3 All stores shall deal primarily in way and not directed to the public right-of- new merchandise, excepting as otherwise way. specified in this chapter. .0303 Special Events and Temporary. .020 Limitation on Total Number of .Signs, Flags, Banners wad Balloons. The.. Hotel Guest Rooms or Suites. The total temporary use of promises for special events number of hotel guest morns o[ suites -.. as defined in Chapter 18.92 (Definitions), not permitted within the Hotel District shall not including Open Air Festivals or events within exceed five thousand six hundred (5,600) thetheme pazks, shall be subject [o rooms, not including those permitted under.. compliance with the provisions of Section Section 18.114.100.060 (C-R Oveday 18.38.240 (Special Events] and Section Density). The total number of rooms shall be. .18.44.170 (Temporary Signs -Special Event. further limited as follows: Pe[mit), provided [hat the following .0201 Up to one hundred Fifty (150) of additional limitations shall applyin District A, [he five thousand six hundmd (S,Gp0) guest [he C-R Overlay and the1\nahevn __ - -- Deleted: eomm [ooms may be permitted as Vacation. ,. Ga[den\Yralk Overlay: Ownership Resort units; additional guest .Ol Outdoor events or uses held vnthm rooms may be designated Vacation the confines of the~4rraheim GCarden\Y~'alk -. ..--- DBIeTPd:eoinm Ownership Resort units, subject to a Overlay shall be subject to [he provisions of Conditional Use Perrttit. 1411 Vacation.. Section 78.114.105.020.0203~of this. __-_--_,, .----" Deleted: fs) Ownership Resort Units sha0 be in Chapter Ind \nahti r Carrie IXWk btnnerv conformance with Section 18.114.120. shill b ub-jeer h th, a pr acrons of Section (Requirements for Vacation Ownership 18 1 14 130 0~0 0~01.02(gl of thw Chapter. Resorts) Page 7-12 The Disneyland Resort Speufic Plan Section 7.0.• ZonJng and Development Standards .02 1n District :1 :md the. C-li Ovcrl:m traffic system and other infrastructure impacts off(]) Gannet maY fie displayed upon the _ i _ and land use compatibilityt the following _ _ ,I __.--~ tNkleted: One prem ses provided the banner is used in bu8dings, structures and uses shall be _,. association with an on-site convention, a perritted in any District, uriless limited to a grand opening, the temporary identification of specific District herein, provided a conditional anew business, or any other event that is use permit is approved therefore pursuant to; determined by the Planning Duectoc to fie in and subject to the conditions and required conformance with the goals and polities of showings of Chapter 78.66 (Conditional Use ' - the Speufic Plan. The message on the banner Permits). shall be limited to the name and/or logo of .0401 Conversionbf existing ho[cl tfre business or the event The banner shall be facilities ro Vacation Ownership Units subject securely attached to the building wall on to compliance with the requirements of which it is displayed. Section 18.1]4.120 (Requirements Eox .03 The following uses or activities aze Natation Ownership Resorts). specifically pmhibired: .0402 In the Theme Fazk and Hotel (a) Any outdoor display and/or sales Districts, fifty (50) Vacation Ownership Uiilts of merchandise or promotional materials in a in excess of one hundred fifty (150) units location that is visible from a public right-oE. subject to compliance with the requirements way and/ot adjacent property; of Section 18.174.120 (Requirements for (6) Inflatable advertising displays; Vacation Ownership Resorts). (c) Outdoor advertising of .0403 Emergency medical facilities with merchandise, products and/or services, ambulance. including, but not limited ro, merchandise .0404 Hclistops. promotions, sales, priting, etc.; .0405 Signs as provided for in subsection (d) Roof-mounted displays of flags, 18.114.130.0602 (Conditionally permitted banners, balloons, inflatable devices, of similaz Signs). promotional displays; .0406 Any use no[ otherwise spetified or (e) Display of pennants or pennant- prohibited in [his Zone but meeting the intent - type bonnets in a location that is visible from of [he goals and objectives as set forth in the apublic right-of--way and/or adjacent Speufic Plan document for each of the property; Districts. (g) Flags, banners or balloons .0407 Masonry walls and fences above displayed m a landscape azea or on a fence; sixteen feet (1 G) in height (Ord. 5580 § 9' and, (part); October 22, 1996.) (h) Worq frayed or faded flags or .050 Prohibited Uses. The following uses balloons shall not be permitted. shall be epedfirally prohibited in all Districts: .0304 Temporary Pazking Lots. .0501 Ambulance services Temporary pazking lots aze subject to the .0502 Automotive (owing services. review and approval of the City Traffic and .0503 Billboazds. As defined in Transportation Manager in accordance with subsection 18.174.130.010 (Definitions subsection 18.114.110.070 (Temporary Pertaining to Signs). Pazking). Fot the purposes of this chapter, .0504 Bingo establishments "temporary pazking lots" shall be defined as .0505 Cemeteries: an azea intended for the temporary pazking of .0506 Christmas tree sales lots and/ot automobiles and other vehicles and no[ stands intended to be the ultimate use of the .0507 Conunetdal retail centers, as property. (Ord. 5560 § 9 (part); October 22, defined in Chapter 18.92 (Definitions), mini- 1996.) malls and other shopping centers not in .040 Conditional Ueee and Structures. confoanance with the requirements of a Due to the uniqueness of the Specific Plan Retail Entertainment Center, as defined in azea as a tourist and visitor center and the Section 18.114.030 (Definitions). - associated concerns of the circulation and Page 7-13 The Disneyland Resort Specific Plan Section 7.0: Zoning and Development Standards 18.114.105 ANAHEIM __ _ __ condnminium_hntcls, as descdbcd in _ , _- .-.--~ Deleted: toixie GARDENWALB subsection 18.114.105.030 nahetm ~_ _-.____ .... .. ..-{Deleted: Pointe pVERLAy, Gardcn\X!nik Density). F~ r th • Nr x ~c f nc~ \n I m Cards Walk O I,} c nd ~ni m .010 Purpose. The flnaheim C arden\l''alk h td a c I ttels which are faalures meson _ _..-- Deleted: rninm~ Ovcday has been established [o provide fox the definition of a hotel with owncrshin _... ~ the development of the,Anaheim _ _ structured as a condominium loon- - _ _ : ,.-.~- Deleted: roinm _ Garden\\'nik Proicu pursuant [o the uses set residvnml~ cnnnr.ntivc of other _ _ - petered; t,;t~sryle Reoi: znd l forth in subsection 18.114.105.020 rvn~r lup/fi ncutgazranlmmcnr founil by J eaorminmmrcn~iez (Conditional Uses) and subject to the density th • Planninh Direcmr to be similar in function lirxtitations set forth in subsection n I/or per Lion but shall not include ~ - 18.114.105.030 (Anaheim GaxdcnWalk __ timech_ar~s io >r intctvnl fractional owncrahin- . ....- Deleted: eoin m ~ Density), if the properties aze not developed oti a h t •b Ind hall b rl •cd resmacd to limit in accordance with The Disneyland Resort n •r nccuplncrtn 1 maeimum of two (2) Specific Plan Parking District (East Parking week; net vcar. Area) xequuemen[s or the District A or C-R .0203 All conditional uses and stmc[ures Oveday requirements. listed in subsection 18.116.070.040 .020 Conditional Uee and Sweturee. (Conditional Uses and Snucnues) which .0201 The following buildings, stmctuxes implements the list of uses described in and uses se[ forth in pazagraphs .0202 and subsection 18.114.105.030 (Anaheim _ ,_ ..-~~ Deleted: roinm .0203 shall be pettnitted as part of the Gazden\Walk Density) as Further described ,Anahe~GardenWalkrProiuct provided [haC._.__ __.-below : ..._,._ __-. _ - ,-.. -- - ...-. Deletetl: eoinm .O7 Conditional Use Permit No. 4078, .Ot Specalty Retail/Entertainment -- Deleted: as amended, is approved pursuant to, and Center with integrated management and a '' Deleted: uf~ttl~ Rem v,a subject to, the conditions and requited festive theme orirnlarion and I;o,~„mme cnmpt~: showings of Chapter 18.66 (Conditional Use plaza/pedestrian-oriented amenities with the pemilts); fo0owing types of uses: .02 All uses and stmctutes set forth in (a) Banking facilities. subsection 18.116.070.030 (Pemutted (b) Children's, men's, and women's Accessory Uses and Structures) and in apparel, shoes, jewelry and accessories. subsection 18.116.070.040 (Pemutted (c) Entertainment fadlides Temporary Uses and Structures) shall be (amusement aztades, skating rinks, outdoor permitted in [heAnaheim Garden\Ctalk _ - ---, re¢eational playground azeas). ;~..---- Deleted: roinm Oveday; ~ (d) Shoppmg setvtces. .03 With the exception of pazagtaph (e) Specialty merchandise, gifts and 18.116.070.060.0619 (Prohibited Signs) a4 toys. uses se[ forth in subsection 18.116.070.060 (~ Transpottadon/navel services (Prohibited Uses) shall be prohibited in the including an automobile rental agency office Anaheim GardenWalk Oveday:---------------------- ------(with-no on _site vehicular storage)_--_-___..... _ .~_--.. Deleted: Poin¢ .04 All development is subject to the. (~ Radio and television studio [o limitations described in Section 18.1]4.050 enable live and/or taped broadcast facilities at (Land Use and Site Development Standards - [he site... .. General); and, (h) Baby strung servtces .OS The naheim GardcnWalk 1~_.... - .. (i) Fast food/food court _type and --- _L,..-- Deleted: rninm Lifestyle Retail and Entettaintnent Complex walkup/ specialty xesrautants. shall be designed in accordance with the ~) Enclosed and semi-enclosed full- Conceptual Site Plans and Silnr Plans shown service and theme-type restaurants/nightclubs in Exhibits 5.8.3.E1, 5.8.3.f.2, 5.8.3.E3, with'ox without on-site sale and consumption 5.8.3.f.4, .8.3:E5 5.fl.3.EG aR.3.E7 nnd_ - .of beer, wine, and alcoholic beverages and _l _.-- Deletetl:.na J 5:fl.3.E8 ~f the Specific Plan document. associated entertainment uses (billiards, .0202 Hotrls, including suite-type hotels, dandng, live and xecoxdcd perfotmaaces), vatation ownetshi resort uru[sa=d______--______ `------------------P-------- - - - _.._-..___._-~~.. Att galleries museums-._-..--._____ .~--.-.. Meted: vnd Page 7-33 The Disneyland Resort Specfic Plan Section 7.0: Zoning and Development Standards . ..... . 02 Outdoor events/uses h ld ithi ..........060 Setbacks from Aburoittg PuliBc_-_------.-. Ri .-- paleted;m Aq,,,,;,~,n,. '~ . e w n ghts-of--Way. The minunum setback the confines of naheim <~ardcn\X'il out of -requirements for structures developed under _-. -.- Deleted: Ppimc --~ view of the ublic ri ht-of--wa and [ . h ... ,,,.._ p g y no t e provisions of this Section shall be as duetted [owazds [he public right-of--way described for the base Disttict the stmctute is including open-air festival events oriented located in with the fo0owing ezcep[ions: .... towards tourists and guests for puhhc .0601 Clementine Street Twenty (20) gatherings, speeches, concerts, presentations, feet minimum, if [he stmcture is seventy five or shows; outdoor booths, kiosks and stands; (75) fee[ or less is height or thirty (30) feet and, outdoor special lighting effects, minimum, if the s[mctute is greater than .03 Theaters, including dinner, seventy 5ve (75) Feet in height with legifimate or motion picture theaters, landscaping consistent with Design Plan performance theaters or night dubs, and Cross Section Number 27.. indoor amphitheatersr___ ___________________________ _.. .04 Pazking/ttanspomtion facilides For .0602 Disne Wa fomtcrl Freedman -. .. _----~--~--_..........Y---.y C-----y---~~---------. Way). Twenty (20)feet minimum,if the -.- Deleted• . (the square rppmge pf the inapoc as~shitheater use would be automobiles, buses, shuttles, and taxis. stmc[ure is seventy-five (75) feet or less in aeduead from the maaimu,n pm~ett .05 Murals. height or thirty (30) feet minimum, if the ~~ ~~) .OG Oneite directional si ms stmcture is greater than seventy-five (75) feet .07 Icon/themed sipnl).e •I • Went ~ ~ •r in height with landsca in consist t ith ~ -- - - forth in subnan M h 1 R ] 14130 OGO OGO~ OS p g en w Formattgl: Tabs: 1.Rg", LeR g p Design Plan Cross Section Number 17b. .030 flnaheim GardenWallc Density.: -_._ ' .0603 ICatella Avenue. Eleven ~] 1) Feet .,. -- DeleMd: Pointe -~ 17tr.~\nahcim GardcnIXfalk Ovcrl•n' minimum, withlandscaping consistent with eacompasscs taro areas G\reac \ ~ d B)_~ Design Plan Cross Secton Numbers 3a and identified on Exhibit No 5 8 3.f 7 The 3b. i d i f max mum ens ty or the1lnaheim .0604 Hazbor Boulevazd. Twenty-six ,_ -- C:arden\ti'alk Oveday shall be as . (2G) feet, minimum, with landscaping follows5G9 750 sgn•ue t t of -pe tnltc t d restaurants. and enterttinmenr us •s in lu 1i movie theaters: 1 GaA hot 1 c ms (indudi g up to 500 vacation owner flip unit) Ind 278.617 square feet of hotd accesco y e vcr ~ transpomtinn ccnrer vrd 4 R00 parking s aces. The1lnaheim_Garden\~'alk Overlap density is set forth in mom detail in Exhibit 3.3.Gb of the Specific Plan document .040 Maximum Pemtitted Heights. The maximum permitted height of stmctutes shall be as indicated on Exhibit 1 of the Specific Plan document (Maximum Permitted Stmctura] Height). .050 Interior Structural Setback and Yard Requirements From Adjacent Interior Lots. A [en-foot minimum setback adjacent m interior lot lines abutting the Anaheim Resort Speclfic Plan No. 92-1 Zone boundary. and adiacent to :lnaheim Garden\Galk Oveday. Area B is required Far structures devcloped under the provisions of Section 18.114.105 (Anaheim GardnRVall:Overlay)_____________ Number 17a. (Ord. 5689 § 4; July 13, 1999; Ord. 5807 §3; Match 19, 2002.) .090 Minimum Lot Width. Lots shall comply with [he minimum lot width provisions of paragraph .0704 of subsection .070 (Stmcmral might and Lot Wrath Requiremrnts) oFSecdon 18.78.050 (Land Use and Site Deveopment Standazds - General). Notwithstandinerhe forepoinn. loi have a rmntmum cumulative frontage of one hundred seventy five (175) lineaz feet, provided that an unsubordktated covenant satisfactory to the Planning Department and the City Attomep's Office isrecorded with the Orange County Recorder requiting development of [he lots in compliance with Conditional Use Permit No. 4078,E amended as part of [he Lifestyle Retail and Entertainment Complex approved therein. .080 Balconies and Architectural Projections Permitted. Balconies and azchitecnrtal projections may en¢oach a ---- Deleted: 63t,G00 gross squat feet aF entail/divivg/m¢minment uses: duce m Epuc homis mmpdmg 1,662 hotel moms/avims {of which up a ?OD uniu can be developal u[antian awnecsliip msott unio) with appmairrutely ?9?,p]7 gross squue (set pfrdved arnnsory use (the horcl moms/accessory uses would enmmpue a maaumm~ pF 1~30,]]t gpss squue feet) and, of dux med, an appmuw¢ 133,630 gross squue (apt azn on the ipp floor pf the pulaog smrztute to be used (pr a hotel mn(amcc curter, rod, a 1,949,000 gross square toot puking ~~, ~~, saneture with 4,890 sniped parking spaces and 15 bus pakking spacu as Cull buadput ~, with a 10$00 gross equaze fops bus tanuml/fidity fps airport tnnsppn and ro/finm sighuedng venues ~~, Fonnatbatl: Font: Gatamond .~•, Deleted: Pointe '•, DelehM: Poin¢ ~•, .Deleted: Devdapmen[ Pmgesm D812[ed: Poinm Deleted: Pointe Page 7-34 The Disneyland Resort Speci&c Plan Section 7.0.' Zoning and Development Standards '. required building setback adjacent to any ultimate public right-of--way. .090 Driveway Spacing. All driveway spacing shall comply with pazagraph .1202 of subsection .120 (Pazking Space and Access Design) of Section 18„114170 Off-Stteet _ ____ Pazking and Loading Requirements), provided that a minimum distance between driveways of twenty five (25) Eee[ may be permitted on Disney Way if one of the driveways is limited to emergrnry access only, subject ro the approval of the City Traffic and Txansportadon Manager. .100 Permitted Encroachments into Rea ed Yard and Setback Areas. 'Che r • i i •d lat d'cape etb• ck argil adjacent to rh Disney; \Y/av Ind Clementine Srrcct ultima[ • public right-of-w•iyc m1y be glued prcrvidcd: 1001 _1-hc m •d area will serer t)_•dcstriln- related activities (resmurant iwrdon> ri;ninn_ and limited nedestrian by rh • Planning Direcror and the Cin I'~nlhnecrl: 100a CI •mentinc Street A minimum 7- F rt a ids nrca of the required sethad; area between ns• rcaaurant outdoor dining area d th • public e~ht-of-wav uhall conLlin lice larntscapc materials. 1003 Disn~ Way •\ minimum 3-font do area of the xec)uired setback Wren b •nvec a, iy resrnurant outdoor dininl> nrca and th ~tuhlic ril;,,ht-of-way shall conain live landscape materials Further. that anv outdo r dini tg areas located within the. ~ctbzdc a •a may be a maximum of three foot , abm ~ or hd > grad • of the adjacent public >hr- Fway_tnd that no rcrainiog walls nr th structures located in the setback area -hall exceed three Feet in hell>ht unless orherw~sc reuuimd by the ;\nnhcim Buildinn Code .010 Purpose. The purpose of [he Central Core is to aea[e a consistent, high qualitg pcdesttian environment that reinforces the chazactet established by the landscape and other stxeetscape elements idrndficd in the Anaheim Resort Identity Program_ The _ ~.. Central Core boundaries encompass lots or pazcels with frontage on Habor Boulevad and ICateBa Avenue. Subsections .020 and .040 below apply to the minimum required setback azeas adjacent to the ultimate public right-of--way. Subsection .030 below applies to the azea betwern the ultimate public tight-of- way and the actual (constructed building _ _, _ _.-. setback. .020 Setbacks Adjacent to Harbor Boulevard and Batclla Avenue. The requited landscape setback azea adjacent to the Harbor Boulevad and iCatdla :\venuc_ .0201. The paved azea will serve pedestrian- related acdvides (restaurant outdoor dining, and limited pedestrian walkways from the public tight-of-way to [he by the Planning Director and the Ctty .0202 Landscape shall be drsigned and insta0ed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit S.G.6.3a entitled, "Tree Density Factor Plan' ; and .0203 Habor Aoulevard. A minimum of Eifry percent (50%) of the requited setback azea immediately adjacent to the restaurant outdoordining azea, excluding driveways pecpendiculaz [o rite street, shall contain live landscape materials: Formatted: Fant: Eold -~ DeleFed: ` ' - Formatted: Fan[: Garamond, 11 pt ' Formattrd: Font: Gammond, IS p[ -. Deleted: Poinre -- Formatted: Fant: Garamond, 11 Formatted: Indent: First Ilne: 0 between an~re mumnt outdoor dining area and th~uhlic ny hr-ofway shall contan hvc lanaivcape matcnals. 18.114.106 CENTRAL CORE .U3U Locatlonot 1•anaag areas. rvo PROVISIONS FOR THE parking azeas shall be located between the ANAHEIM.-. .__..,-_. __,ultimatepubbc right-of way and the actual __, ~...--~taeleted: P01ME GARDENWAL% (constructed) building setback provided, OVERLAY, however, that vehicular drop-off azeas may be located adjacent to the front of a building, but not in the required minimum setback azea. Page 7-35 The Disneyland Resort Specific Plan Section 7.0: Zoning and Deve%pment Szandatds .040 Lighting. Fluorescent, low pressure thousand (1,000) gross square feet of retail sodium, high pressure sodium, and mercury space. vapor aze prohibited in the front setback .0103 bfinimnm parking Requirements azess. (Ord. 5689 § 5; July ]3, 1999.) _ for Administrative Office Facilities Administrative Office Facilities within the 16.114.110 OFF-STREET PARffiNG Theme Pazk District contained within a - AND LOADING ~ building oFmore than fifty thousand (50,000) REQUIREMENTS. gross squaze feet shall provide packing spaces within the Theme Pazk District adjacent to With the exception of pazking azeas within such administrative facilities. The required the Pazking District, for employees of the pazking may he lotated within a pazking Theme Pazk District, and other pazking lots Facility of in surface pazking lots and shall 6e intended for speed pazking procedures as provided at the following rates: defined in Section 18.114.030 (Definitions), all .01 Buildings three (3) stories ox less:. vehicle accessways and pazking and loading Four (4.0) spaces for each one thousand azeas shall comply with the provisions of (1,000) gross squaze feet Chapter 18.42 (Parking and Loading), except .02 Buildings greater than dose (3) as provided herein. stories: Three (3.0) spaces foe each one .010 Minimum Parking Requirements.. thousand (1,000) gross squaze feet. .0101 Pazking Requirements for Theme .0104 District A and C-R and naheim -~--- Deleted: Poinm 1, Pazks and Assocated Uses .------------- C;ardenW2lk Overlay Pazking Requirements, .__ Deleted: .01 Tlietne pazk pazking shalt be TheThe minimum number, type and design of provided at the rate of one (1.0) space for off-street pazking spaces for uses developed in. each one thousand (1,000) persons of District A or undo the provisions of the C-R esttmated annual attendance with a minimum. oc,Anaheim GardenV/alk Overlays shall :: _ _ of twenty-foot thousand five hundred comply with the zequirements of Chapter (24,500) pazking spaces provided for both 18.42 (Pazking and Loading). (Ord. 5580 § 25; employees and guests fox the theme Pazks and October ?2, 1996: Ord. 5689 § G;)uly 13, associated uses at build-out. 1999.) .02 Fox retail entertainment renter .020 Loca6oa of Required Parking uses, pazking shall be provided a[ the rate of Spaces. All pazking azeas shall comply with one (1.0) space for each one thousand (1,000) the provisions of Subsection 18.42.50 persons estimated non-theme pazk (Lotation oFPazking) and subsection incremental annual attendance. 18.114.050.090 (Permitted Encroachments. .03 Requited pazking spaces may be into Requited Yaxd and Setback Areas), with provided either within the Pazking District or, the following exceptions: other Districts contained within [his Zone.. .0201 Pazking spaces constructed to .0102 Pazkiag Requirements For Hotels serve uses within the Theme Pazk District and Associated Uses in the Theme Pazk and shall be exempt from the provisions of this Hotel Distvcxs. The following number of requitement parking spaces shall be provided: Four-fifths .0202 Pazking spaces required for the (0.8) of a space for each guest room. One- Hotel District may be located in another tenth {O.1j of a space per seat ofearing/ District, subject to the approval of the City drinking capatity plus six and seven-tenths Traffic and Transportation Manager. (G.7) spaces for each one thousand (1,000) ..030 Layout and Design. squaze feet oFbanquet/ meeting room azeas, .0301 Layout and Design of Surface plus the following employee spaces: one- Pazking Areas. All surface pazking azeas and quarter spare (.25) for each employee working. vehicle acressways shall comply with the in guest room azeas; two (2.0) spaces per one requirements of Section 18.42 (Pazking and hundred (100) seats of eating/drinking Loading), with the exception of pazking capacity; one (1.0) space pet each one spaces cons[meted for theme park and retail entertainment center uses, which shall Deleted: Pointe Page 7-3G The Disneyland Resort Specific Plan Section 7.0: Zoning and Deve%pment Standards conform to Exhibit 5.7.8.2d (Public Parking Facility Layout) of the Specific Plan document, and for employees of the Theme Pazk District, which shall conform ro the Hxhibit 5.7.8.2E (Employee Parking Layout) o E the Specific Plan document and the provisions of the Design Plan, which shall be exempt from the provisions of this' requitement. .0302 Pazking Stmctute Design. All Pazking Stmctures in the Pazking District shall conform to the Exhibit 5.7.8.2d (Public Pazking Facility Layout) of the Spedfic Plan document, the provisions of the Design Plan and the Following requirements: .Ot A visual battier shall be provided along the edges of each level of the pazking stmcture to conceal complete views of parked vehicles. .02 Engineering Standard Details pertaining to commercial dove approaches shall not apply to the pazking facility. (Ord. 5580 § 2G; October 22, 1996.) (Ord. 5998 § GG; October ?5, 2005.) .040 Hotel/Motel/Vacation Ovvnership Passenger Drop-off Meas. All hotel/motels and vacation ownership resorts shall have a passenger drop-off azea located on-site. Passenger drop-off aeeas (which may include a covered azea of Porte-cochete) shall be for the purpose of dropping off and picking up passengers and luggage, accommodating valet pazking, pedestrian access and safety, and Ste access while providing free flow of vehicles. Such aeeas shall not encroach into the required front Yazd setback, except as provided in Section 18.114.090 (Permitted Encroachments into Requited Yazd and Setback Areas). ..050 Parkirtg Lot Plan Review. Pazking lot plans, including pazking faciliies, shall be subject to review and approval 6y the Planning Department and the City Traffic and Transportation Manager during Final Site Plan Review and prior to issuance of building pettnits and shall, at a arinimum, incorporate all applicable Engineering Standazds and shall contain the following information: .0501 Dimensions for internal spacing, circulation and landscaped areas; .0502 Curbing, stab markings, signing and other traffic control devices; .0503 Location and height of fighting fixtures; .0504 Location, dimensions and accessibility of trash containers for refuse trucks; .0505 Location of fire hydrants and fue acccssways; .0506 Location and height of perimeter walls; .0507 Tour bus and/or shuttle pazking and loading; .0508 Grade elevations and ramps associated with driving and pazking Facilities; .0509 General location pFutility devices and other related above-ground Eeamres; and, .0510 Exhibit and/or delivery [tuck pazking/loading areas and biryde racks. {Ord. 5580 § 27; October 22, 1996.) ..060 Paving. All permanent and temporary off-street pazking facilities, including access aisles and diveways, shall be permanently paved (not to include turf block). Such surfacing, as well as striping, signing, and directional markings, shall be maintained in good condition a[ all times. .070 Temporary Parking. Temporary pazking facilities shall be paved and screened with landscaping, and shall be subject to the review and approval of the City Traffic and Transportation Manages. Such facilities may be permitted fax a peiod of one (1) year, but may be renewed Eor up to a [oral of five (5) years in one (1) yeaz increments subject to the review and approval of [he City Traffic and Transpotnrion Manager. .080 Parking Marldnge and Separaions. With theexcepion of pazking spaces and Facilities located in the Pazking District and/ot for iteme pazk and retail entertainment center uses, all pazking spaces shall be dearly and permanently outlined on the surface of the pazking facility in accordance with the applicable Engineering Standazd Details on file in the office of the Duectot of Public Works pertaining to of6 street pazking and parking stmetures. Pazking shall be separated from buildings, sidewalks and plazas by landscaped aeeas having a minimum width of flue (5) feet. Pazking shall be separated from any abutting property line, by a minimum six (6) inch nub, and shall be screened from view of public rights-of-wap Page 7-37 The Disneyland Resort Spclfic Plan Section 7.0: Zoning and Deve%pment Standards driveway edge to ncazest driveway edge) serving the same parcel, and a minimum distance of Eorty (40) feet between driveways (neazcst driveway edge [o neazest driveway edge) serving adjacent pazds. ..1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty-five (25) Fee[ wide in accordance with the Design Plan, with wider widths subject [o the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .1204 Curb Return. The curb cut sha0 provide a minimum radius curb return and sight distance clearance in accordance wilt the applicable Engineering Standazd Details on file in the office of the Director of Public Works pemitilng to cottunucial driveway approaches or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1205 Entry Drive Dimension. A minunum entry driveway (throat) of forty (40) feet shall be provided, measured from the ncazest point of the ultimate sneer right-of- way Gne to the neazest point of the on-site pazking azea or on-site vehiculaz accessway to said pazking area. Poking shall be designed so as to prelude a tar from backing out of a stall and into the forty (40) footentry drive, in accordance with the applicable Engineering Standazd Details on 61e in the oFfire of the Director of Pubic Works pertaining to driveway locations. (Ord. 5580 § 29; October 22, ]996: Ord. 5689 § 7; July 13, ]999.) (Ord. 5998 § G8; October 25, 2005.) .130 Truck Loading. Truck loading fatalities shall comply with the requirements of Section 18.42.]00 (Loading Requirements) and the applicable Engineering Standazd Details on file in tine office of the Duector of Public Works pertaining to track dock standazds. A minvnum of one (1) track dock or t[udk loading azea sha0 be provided for each hotel or motel. (Ord. 5998 § G9; October 25, 2005.) .140 Hus Parking Areas. Hotels/motels shall provide on-site bus pazking subject to the approval of the City's Traffic and Transportation Manager and Planning Department in accordance with the latest Orange County Transportation Audrority (OCTA) Bus Facilities Handbook Guidelines, or as otherwise approved by the City's Traffic and Transponadon Manager based on sound engineering practices. (Ord. 5378 §I (part); ~ "" June 29, 1993; Ord. 5420 §§ 7-9; April 12, 7994.) 18.114.120 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. .010 Purpose of Section. The City Council has determined that vacation ownership ICSOL[5 Cpnstiru[e a cnmmerlal use slmtlaz [o hotel/motel facilities. Due m the mixed method of pperation, hybrid ownership, the potential generation of lazge numbers of people and vehicles, and the potential impact on the City's tourism-related facilities, special criteria aze warranted for the development of vacation ownership resorts m addition [o the requirements of the undedying zone. .020 Limits on Occupancy. Occupanry, or right of occupancy, of any vacation ownership resort unit (mluding different units within the same facility) in a vacation ownership resort facility by a person of entity shall be limited to no more than thirty {30) consecutive days nor more than a total of sixty (60) days during any consecutive twelve (12) month period. Units which do not meet such criteria shall be considered to be residential units and shall be prohibited. .030 Required Zoning. Natation ownership resorts and conversipns [o vacation ownership resorts shall be permitted only in the Theme Pazk, Hotel and Furure Expansion Districts subject to the requirements of subsection 18.114.050.020 (Limitation oFToral Number of Hotl Guest Rooms or Suites)~in District A and the C_R -`..--~ celMed: y,a ~-~ Oveday subject to the requirements of subsection 18.114120.050 (Development Standards) and m the Anxhcim Garden\Valh O crl ~,. 6iecr to the requut menu of section 18 114 105 (A ~hctm Ca d m\W alk Ovcrlavl. .040 Related Ueee. Vacation ownership resorts may include other uses, either as accessory uses [o the vacation ownership resort use of as independent fadlides, so long as the spelfic use is a0owed by the relevant District or C-R or .Anaheim (=ardenWnik Page 7-39 The Disneyland Resort Specific Plan Section 7.0: Zatttng and Deve%pment Standards .0149 Restaurant Menu Board. An illuminated or non-illuminated glass case used ro display a restaurant menu. Said case may be built-in, visible t}aough a window or affixed to the exterior building waA and shall be located immediately adjacent to the main cnttance to the restaurant. .0150 Sign. Any device, fixture, placazd, or satrcture that uses any rotor, form, graphic, illumination, symbol, or vrriting to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public .0151 Sign Arca. See dcfudtion for Area of Sign. .0152 Sign Copy. Any chazacters, letters or type that consdmtes the message of the sign exclusive of a company symbol or company name .0153 Storefront. A wall of a business containing display windows and a public entry. .0154 Stntctute. The supports, uprights, bradng, guy rods, cables and framework of a sign or outdoor advetdsing display. .0]55 Temporary Sign. Any sign that is used only temporarily and is not pcmtanendy mounted or affixed to the ground or any stNCtnrC. .0156 Typeface. The grneral form, stmcture sty1S or character common to all elements comprising an alphabet.. .0157 Wall Sign. A sign which is affixed to an exterior wall of any building or which u affixed to any stmc[ute or parapet attached to the wall of any building. .0158 Window Identification Sign. Any sign bearing only the name and/or logo and/ot address of [he business occupying the premises; and consisting of letters and/or numbers pecmanendy affixed to the window, and made of gold leaf, pains stencil, oz other such material. .0159 Window Sign. Any sign, pictum, symbol, oz combination thereof, designed to communicate information about an activity, business, commodity, even[, sale, or service, chat is placed inside a window oz upon rite window panes or glass of a building and which is visible from the exterior side of the window, excluding any window identification sign. (Ord. 5500 § 31 (pazt); October 22, 1996.). .020 Signs - General. .0201 Application: .01 Sign standazds and regulations contained within this section shall apply to all Districts and the C-R Oveday within the SpedEic Plan azea, except that for theme Pazk. of retail entertainment center uses developed. in the Theme Pazk and Hotel Districts, the sign standazds contained in this section and other sign regulations contained within the Anaheim Munidpal Code shall only apply to signs within the requited setback adjacent to perimeter sweets, excluding West Sweet/Disneyland Drive. In the Theme Pazk and Hotel Districts, wall signs for theme pazks and retail entertainment center uses adjacent to the tequued setback along perimeter sweets, excluding West Sweet/Disneyland Drive, shall be internally oriented. .02 Anaheim Garden\X'alk Oveday. ~. Sign standards and regulations contained within this section shall apply to development in the flnaheim Garden\Y~alk Oveday subject ,~., to the Following exceptions: (a) Signs, objects or stmcmms !orated in the interior areas of the nahetm ~.__.. _.__,L. CardenWllk Project shall be exempt from the _ _ requirements set forth in Section 18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in an "interior" azea for the purposes of this section if they aze: (i) No[ visible [o pedestrian or vehiculaz traffic from the public tight-of--way I at an equal elevation as the f\naheim : ..............` Garden\k~alk property Gne (measured Five (8) feet above the grade of the sidewalk on the opposite side of the street from [he ftnaheim:- „I GazdtnWalk project; or, (d) For Amdtcim GardenWalk (h. I ~ Arta A. at least 160 fee[ from the ~ Deleted.: Poinm - Deleted: Po;nm - Deleted: Pointe Deleted: lifestyle Renal and Entemi,unmt Complex - Deleted: Pointe -- Deleted: Pointe adjacent public right-of-way of coaespond with the setback of the last building bordering the view corridor, whichever is further as shown on Exhibit 5.8.3.E5 naheim _ --. Deleted: Poina ~___.- GardenWalk Interior Signage and Icon/Themed Signage Element), and aze visible only to pedeswian and/oz vehinilaz traffic tluough limited view comdots at the enwances ro the ftnaheim Garden\Y~alk-_-_---_-~..--~ Deleted: Pninm -~ Page 7-45 The Disneyland Resort Specific Plan Section 7.0.• Zoning and Development Standards Lifestyle Retail Entertainment Complex (as. Uisnev l\'avl amt 5 R 3 f R (Hucin •s. shown on Exhibit 5.8.3.E5). The 6na1 Idendficarion tiil>nv- I<amlla •\ • •m l dimensions of the view corridor shall be Rosiness idenrificadnn si7mc •t •dcfin 1 ~ shown on the Final Site Plan, and shall not th~r`iEm. i ucndcd rc adv • ti ~ •' d~ •id ~ I exceed the corridor widths shown on Exhibit tenants of dte :1rslhcim Gtr i •n\kgll p i rr 5.8.3.E3. (exdndinF, horde Ind vacation r net •l In iii) Pot ;lnahi m C:azdena,• Ik resort units) and may cnneist of w II .i i Cheday. ;\nm B. nc~ Planning C_nmmi v n _ , andlnr frccstandin i me $usin • ~ • shall review and a(rnrnvc an cehibit cub Hitt • { idendFtation Si~[ty within eercri> • tea ~ f rl as part of the Final Sim Plan which id • rifi • ~ ;\naheim Crarden\X/alk proiert cl all h • ~h inrerinr arrrv •tnd the view cnrrid ~ c msi-t mr nn hinal Site Plain subject to the • tics • d with cirireda set Forth in ~u6n •t naol _pproval of the Planning Commission. Prior 18.114.130.020.0207.02 (al,(i) and fiil (Silmv -- to the issuance of silnt pennir; pl1 v h•dl t e Formatted: No[ Highlight <,enend .._ ____________________ _ _______ _-__ __ submitted to the Plan_n_in_nl_]_ namn• t ,_-.~-- Delered:q -~ (b) Icon/themed signage elements inditad b ~ ' I f as defined in subpazagraph nl su s attm to trm• c wnh tint plans approved as parr of Final Sir Pla n 1 ]8.114.130.060.0602.05 (Business and in accordance with Exhibit Nos 5 8 3 f 6 Idenrificarion Signs) may be permitted subject 5.8:3.E7 and 5.8.3 f 8. Business id mtihcatin r to approval of a conditional use pemilt as se[ sipns_.hall be considered n b I ratted 'n an forth theeein. "exterior" area nF[he prri ect for d • gum .t. (c) On-site Informational, Regulatory of this section if they arc not orh •n '-c. and Directional ("IlID") Signs. IRD Signs considered as "interior" as dcfin d i r visible from the public tight-of-way shall suhnaray><.1ph 18 7 14 730 0200°07 0>!11 !cl comply with the following: ~ Projecting Signs. Projecting Signs shall (t) The maximum sign azea shall be comply with the following: eight (8) square feet (i) The maximum sign projections (d) The design, lotation and shall be Forty (40) inches as measured from number of signs shall be approved as part of the building wall and may encroach into the the Coordinated Signage Program with the requited setback azea adjacent to [he public Final Site Plan for the Lifestyle Retail and right-of--way. Entertainment Complex. (ii) Not more than one (1) (iii) If a company symbol oz logo is projecting sign shall be permitted per. included in the sign copy, said symbol of logo storefront provided, however, that in the case shall occupy a maximum of twenty five of a storefront that is lotated on a sheet percent (25%) of the sign azea, corner, two (2) projecing signs maybe (v) An ]RD sign may rnaoach permitted if both projecting signs will not be into the required minimum setback abutting visible at the same time from anyone point the adjacent public tight-of-way Provided that along the adjacent intersecting public rights- the location of the sign shall comply with the of way. applicable Engineering Standazd Details on (iii) The maximum area of each file in the office of the Dtrecror of Public sign face shall be six (6) squaze feet Works pertaining to commercial driveway (iv) The maximum height to the approaches and relating to line-of-sight. top of the sign panel shall be twelve (12) Feet standazds. above the ground level directly blow the sign, (d) Business and idnarifitatinn til},~nc and the minimum cleazance between the sign for Anaheim GardenWall: Overlay •\rca A and [he ground level shall not be less than Rusines and idendfitati n si,Em ~ Ir clred in eight (8) feet the exterior areas of the Anaheim (v) The sign shall not project GatdenWalk ~jecr shall he devek ped in above [he building wall or toofline, whichever accordance with Exhibit Nns. 5 R.3 F 6 is lower. (Bnsinecs Id •nrificadon tit( ~ - F;• •y YhnZ (vi) The sign copy shall be limited 3.R.3.E7 Bucinesc Idenrification Signs _ . t to the name and/or logo of the business.. Deleted: q Page 7-46 The Disneyland Resort Speufic Plan Section 7.0: Zoning and Development Standards (~ Pazktng Stmctutc Entry and _ c Such vtlm vh ill br hnn rid to ~ -- Deleted: e Project Identification Signs. A Pazlung _-_ maxi t n v(,~,ana rrF three hundred (i00)_ - ~{:Deleted: wv Structure Entry and Project Idenificadon ~ arc t t yith •t mn'l num Icrn•r height of , Sign is a wall sign including [he name of the Fifn•-two h~__1 tnchrs _: ~ Formatted: Not Highlight project, the project logo or symbol, and/or d Such stgn shall he. located a words identifying the parking entrance and/o[ mi timum tt tw ~ hundred and tifrv (2501 feet exit, which complies with the Fdlowing: ~ frr m the public right of wm•. (t)]Catclla Avenue_ One(1)----___.__._. __----__;..-_____c Such sik+n shall be limited to,,.__. --. .-Deleted: Disney woyanst Parking Structure Entry and Ptoject idenrificavnn of dtr An;Jaeim C ¢dcnU'alk Identification wall sign per vehicle entrance pr i •ct and the hotd/cacatinn ownership as follows emtitted ll be h •- xt located above the parking stmcmre. . , p s a a. Such siga shall have one (]) displa}' surface wlilch shall be pazalld to and (~ Project Idenuficaion Wall __ -. --~ Deleted: t in front of the exterior wall of the entrance to Signage. Project Idenn6cation wall signage to the pazling structure. Any i\ shall be limited ro one (1) building b. Such sign shall not encroach wall sign a a notth building elevation visble inro any public fight-oF--way. t Di'ncy IXr L' nnc 11 Imildin)> w•dl cign on a c. Such sign shall be limited to a weer buildin(~e•Ievaion eisihle to eastbound ,,,_ maximum sign azea of inen~ 901 squaze Feet _ ttafttc nn Disney \tG'av andone 1 den Deleted: ~ r a) with a maximum letter height of two (2) feet, wall' sign with the Warne and/ot Logo of the ~ Deleted: vc sue (G) inches.. Project, as described herein, facing j:atdla ,I Deleted: fuv ®ch seen &uvmge d. Such sign shall be located a i\eenuerand further subject [o the following. t trdnimum of eighty (80) feet from the public O Ptoject Idenrificaion Building DelehW: prv~aed mac me muwuum dizmce betxrn such signs shall be two right-of-way. Wall SI Each 1)nildin wall si shall be gn~ g ~ hundred (20~ Feet, az mnsvved along me (u) Clementine Street. Onc (1) .limited to a maximum size of two hundred seat tronngee, Pazking Structure Entry and Project and Fntty (3401 squaze fee[ with a maxtmum - Deleted: tao hwdzea forsy ('w) Idenrificarion wall sign per vehicle entrance h_ all letter height of E_yft •nvo (52) inches and s . - - Deleted: fifty mw (5'_) shall be permitted, as follows: _ be subject to the following. ' a. Such sign shall have one (I) a. The maximum height of [he display surface which shall be parallel to and sign shall not extend above the top of the' m frontof the exteror wall of the entrance to building cave line or roofline, whichever is the pazldng stmcttue. lower. ,.. b. Such sign shall not enaoach b. The sign letters shall be into any public right-of--way. located no closer than one half (0.5) the size c. Such sign shall be limited ro a of the letter to the top and sides of the maximum sign azea of nnc hundtul and sixrv building wall or facia. ` __ _ 160 quaze fee[ with a maxunum lr.tter c. Such sign shall not ptolect -Deleted: rsvrnty eve (s) height of thirty cieht (381inches. _ _ _. _ . , _ __-- more than twelve (12) inches from [he wall to ._ _- Deleted: twelve (t3) d. Such sign shall be located a which it is attached. minimum of eighty (80) feet Bom the public d. Such sign shall not be tight-of--way. :. attached to the building wall with visible Gii) Di n y lY~ay Onc 11 Parking supports or raceways. .: titre crur~ T nn • +od Pni ecr IdcnoFicarion wall e. Such sign shall consist of ~zn t c vehid • entrance shall be permitted, as .internally illuminated channel letters and all , Fnllr 7/wc, raceways shall be concealed. _ a Seth sign shall have nnc (11 (ti) Project Identification Gazden plav ~u Ftce vhich sh•tll he paralld to and J_ Wall Sign. A Ptoject Idenrifiraion Gazden , iron[ r f dtc c>iredor wall of the pnrte- Wall Sign' is a sign identifying [he project that a d c e •nnance to the parking area. is integrated into a feature ]andsrape element b Such cign shall not encroach such as a wall or other landscape feature that ' to am^public rght-of--wav. - expresses the azchitecmtal character or theme of the Project The allowable sign area shall Page 7-47 The Disneyland Resort Specific Plan Section 7.0: Zoning and Development Standards comply with paragraph .0102 (Area oFSign) construction and all other matters relating to of subsection 76.114.130.010 (Definitions signs in [he Spedfic Plan area, with the Pertaining to Signs), and the requirements for exception of theme pazks and retail _ a Freestanding Monument Sign as set Cprth in__ __ _ _ entertainment centers in the Theme Pazk and :...~ Deleted: r paragraph .0604 (Sign Sandazd Matrices) of . Hotel District, which shall 6e exempt from subsection 78.714.130.060 (Business and the provisions of this section and other ,,.. Identification Signs) of this Chapter provided regulations contained within the Anaheim that City Code governing signs, sha8 be regulated a. The feature landscape element and controlled exclusively by [he provisions may extend inro the inquired setback azea of this chapter except ro the extent refezence adjacent [o a public right-oE--way pzovided that is expresslymade in tltls chapter to any other a minimum seven (~ Foot setback from the provision of the Anaheim Municpal Code. In public right-of--way shall 6e maintained and the event of any conflict between the provided further that the element shall provisions of this chapter and any other comply with the applicable Engineering pzovisions of the Anaheim Municipal Code so Standazd Details on file in the office of the referenced herein, the pzovisions of this Director of Public Works pertaining.. chapter shall govern and prevail. All signs and commezaal driveway approaches and rclating all applications shall therefore be exclusively to line-of--sight distance standazds. administezed by the Planning Director except b. The maximum heightof the. those signs which may be sough[ in. gazden wall of any landscape Fea~reshall no[. ___ conjunction witlra conditional use pemvt ar a _....~ Deleted: demmr ezreed eight (8) feet (inducting the sib _ zone variance. clement :. .0203 Coordinated Sign Program. All t. The maximum length of the signs on a property shall be designed as part gazdenwall shall not exceed seventy (70) feet. of a coordinated azchitectural, informational, d: Sign illumination shall be the regulatory and directional sign system with a sameas pnmdtted fox Freestanding , consistenidesign detailing, typeface and coloi. Monument Signs pursuant to pazagtaph .0604 system. All multi-tenant signs shall either use (Sign Standard Matrices) of subsection one consistent typeface for all tenants or use 18.114.130.060 (Business and Identification - one colorfor all sign copy. The tapiral letter.:.. Signs). (Ord. 5998 § 70; Octobez 25, 2005.) " height of all tenant identification copgshall be (h) Project Pheme C;raphicc the same on a single sign face. Mu![i-tenant Graphic decimt features may h • int ry.rat •d wall signs shall either be all wall signs or all into the:rmhitecture of the t~roject f .canopy signs except for as provided elsewheze ~rpocc of celconal decorltin nct arc Jett in dils chapter for hotrl/motel accessory uses. theme dccclopment subietx ro the fitllowmp' .0204 Resolution of Inconsistent. (i) :1 inaximum of^i ,hr (81. Provisions. Notwithstanding any other banners used for nrnject identificlrio Ind pzovision of this Code [o the contrary, all seasonal decuratioit ivill be permitted t provisions governing signs or advertising proicct from bonding farndec 11 ~ Ie ~itin ,~: ' sttuctuzes of any type in [his Zone shall be lti ay frouclpe in the location idenrifi •d n a contained within this chapter; provided, Exhibit 10. Pape 5 of Conditi ma] Llse Perntir however, the provisions of Section 18.44.170 No. 4078. as amended Banners are rcctrict •d (I'empotazy Signs -Special Even[ Perndt), m thirty-sir (3G) square feet in arc and ca , and Chapters 4.04 (Outdoor Advertising Signs proicct into the required building etback lrct and Structures - Grneral), 4.08 (Outdoor \'crtical clrtrance below the banner shall be. Advertising Signs and Structures - Neaz no less than ten (7 ~) Fcet B2nnerc $111 nor -. Freeways) and 4.09 (Advertising of Motel and nroiect into the tdtima[c public riph t-oF w1v Hotel Rental Rates)" of the Anaheim Municpal Code shall apply [o signs and advertising stmctures in this zone ro the .0202 Administrarive Provisions -Sign extent such provisions aze not inconsistent Regulations. The location, sizg type, with this chapter. Page 7-48 The Disneyland Resort Spedfic Plan Section 7.0.• Zoning and Development Standards (b) Said signs shall no[ be internally illuminated; (c) Only 6ftcen percent (15%) of the entire surface of the awning may be utilized Eor the sign; and (d) Said sign may include [he company name and/or company symbol/logo (e) Up ro one (1) canopy/awning may have "The Anaheim ResortT~P' logo located on rite canopy/awning in a size and location approved by the Planning Director. .OG Window Identification Signs subject to Exhibit 7.Oa (General Sign Standazds Matrix) and Exhibit 7.06 (Hotel/Motel Sign Stndads Matrix) in pazagraph 18.114.130.OG0.0604 (Sign Standazd Matrices). .07 Restatuant Menu Boazds subject to the provisions of Exhibit 7.Oa (General Sign Stndads Matrix) and Exhibit 7.06 (I-Intel/Motel Sign Standads Matrix) in pazagraph 16.114.130.0G0.0G04 (Sign Standard Matrices). .08 Other signs as pumitted elsewhere in this chapter. .OG02 Conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit putsuam to and in accordance with the applicable provisions of Chapters 18.60 Procedures) and 18.G6 (Conditional Use Pecxnits); this section is not intended to conditionally allow signs prohibited 6y this chapter or m change the standazds contained herein, but is intended to provide a mechanism ro address special dreumstances. .01 Changeable copy signs (mduding electronic message 6oazds) for a theater, entertainment facility, amusement pazk, or for hotel/mate) complexes provided the site on which the use is located is a minimum of six. (G) acres in azea. In addition, the following provisions shall apply to such signs:.. (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the [op of such sign is blow [he cornice of the. building or twenty five (25) feet whichever is lower, except that a [heater or entertainment fadlity may have a changeable copy sign which displays identification and program information, the name of the theater or. auditorium and it may be a Mazquee sign. (b) Such signs shall not be visible from residential zoned ox residendally `" ' " developed properdcs; (c) The design of such stgns shallbe integrated with the azchitecture of the building; (d) Animndon and baze bulbs aze allowed as they pertain to bulb matrix technology (the technology used for reader boazd changeable message signs); and .02 Signs neither otherwise expressly pernitted nor otherwise expressly prohibited in this Zone. .03 Signs fox any use, budding or atmcttue requiring a conditional use permit .04 Projecting signs as defined in subsection 18.114.130.010 (Projecting Sign). .OS In the naheim Garden\`;'alk •------- Formatted: Indent: Fist Ilne: 0.38" Overlay, up to too (2) icon/themed signage ~~ Deleted: r°Nm rdements (defined ns "a structure, sculpture, or having the nature of, an icon, which is a nationally-recogrUZed image of object, including, but not limited to, ttademazked objects, logos, or other images and figures assodatedwithnationally-recognized corporate identities") shall be pertitted subject to the approval of Conditional Use signage shall be assodated with a use approvedfor the jlnaheixn~aidenVCrallc ro'ec pursuant to Section 18.] 14.105 and further providedthat the size, location, height (not to exceed thirty (30) feet in height m'n<oted from the devotion of the public ~idca•11k dose t to the location nE the dement ,and design of the signage shall be determined bvthecondifional use peratit a~d_.-. Deleted:, I Deleted: rv~t~ Deleted: Lifestyle Aectil and Fsteminmmx Complez Deleted: Po;nte Deleted: Deleted:. interior of Ama \ m~ 6c ~ mitred up to a h~ht of 90 feet measured from the bottom t the rop ~E the c •mettt and up to an ovcndl heirh[ of 1°D feet meacumd &nm the rlevnrion of Lh public videwalk docent to the Incarir n >f rite dement to the top of the dement provided that the dement is t^>nnsed ~thout and sitmarc. indudine Page 7-54 1'hcDisneylandResortSpedficPlan Section7.0: Zoning andDeve%pmentStandards lneos_ tmdem•trked objects nr ' tl un ~, and filnxres 1,.' 'arc I with atio II - rcc ~tmiicd c rp nt • id •ntiti • ~ exd din c.._.. ___ ._.... __. ngnatre that is visible to the i u r ~ f th proica only anc~is lacltcd .t mi i um of tcv _.._ hundred {200} f •ct F m th • public 'l.ht F `-"=k. .0603 Prohibited Signs. The following types of signs shall be prohibited in this Zone: .O7 A-frame or "sandwich boazd" signs. .02 Anuna[ed signs. .03 Attachments or "riders" to signs. .04 Beacon lights or beacon signs, when the intent of such signs is advertising and not entertainment, which"shall not have adverse glaze on adjoining properties. .OS Billboazds. .OG Business infamtation sign. .07 Can-type signs which incorporate translucent copy and translucent background, provided, however, that tan-type signs with opaque background, allowing only the copy [o be illuminated, shall tie permitted. .OB Changeable copy signs (nduding electronic message boards), as defined (except as permitted under a conditional use pernit) for [heaters, entertainment facilities, amusement pazks or for hotel/motel complexes provided the site on which the use is lotated is a atinimum of six (G) acres in area. .09 Evttting signs. .10 Exposed neon signs. .11 Flashing or traveling light signs. .12 F1oiuescent colors on signs except For colors on company symbols. .13 Landscape signs. An azrangemedt of any plant type (flowers, shmbs, etc.), which spells out words or resembles a symbol or a figure shall no[ be permitted. .14 Magnetic signs. .IS Off-premises or off-site directional signs, except as permitted in subparagmph 18.114.130.020.020t.02(c). .7G On-site duecdonal guidance and on-site duectory signs which are not part of a coordinared azchitectural, informational, directional and regulatory sign system.. .77 Paper, loth and plastic stteamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs - Speual Event Permit). ____ 18 Painted signs on exterior walls. .19 Pennants except as otherwise permittedpursuant to Section 18.44.170 __ entitled (Temporary Signs - Spcual Event Permit . .20 "Come-on" signs (e.g. "Sale Today', "Stop," "book," "Going out of Business;' etc.). .Z] Pole signs. .22 Portable signs. .23 Product advertising signs (e.g., soft drinks, dgazettes, etc.). .24 Roof signs. .25 Rotating or revolving signs. .2G Signs attached to trees oc landscaping. .27 Signs projecting over ar into the public tight-oF--way except as otherwise expressly permitted herein. .28 Starnes utilized for advertising purposes. ~9 Temporary signs except as otherwise expressly permitted herein. .30 Replicas of offidal traffic conrol signs or signs so similaz as to be confusing or hazazdous m traffic .31 Vehicle entrance or exit signs which incorporate business name(s) or other advertising not in compliance with subparagraph 18.114.130.OGO.OG01.03 (Information, Regulamry and Drectional (IItD) Signs Visible from the Public Right-oF Way). .32 Veliide signs (signs mounted or displayed on a vehicle for advertising purposes) or the pazking or storage of advertising vehicles on public of private property.. .33 Wall signs located below the third (3rd) floor level of a building and wldch signs aze located on a property adjacent to and visible from residential properties. .34 Window signs, including neon signs and signs painted on display windows with day-glo, or tmporay paint (other than permitted window identification signs as defined in subpazagtaph 18.114.730.0G0.0601.0G ~ndow Identifitadon Sign). Formatted: Not Highfgh[ Formatted: Not Highlight Page 7-55 The Disneyland Resort Specific Plan Section ~.0: Zoning Explanation The Disneyland Resort Spedfic Plan Section 8.0.' Zoning Expianadon e Modification of Section 10 (General Plan Amendment) of the Specific Plan document to add a descnpdon of General Plan Amendment No. 3591agguage pertinent to Pointe*Anaheim. e Amendments to the Public Facilities Plan to reflect improvements [o Freedman Way (future Disney Way) and Clementine Street (future Freedman Way) including dual left- tumlanes on northbound Clementine Street at Freedman Way; - a tluoug6 right-mm lann on eastbound Freedman Way at Clementine Street; vght-iron lanes along southbound ; Clementine Street south of Freedman Way; and amid-block break m the Clementine.Stree[lanclscaped median to permit toms into and out of the Pointe*Anaheim project azea. e Amendment to the Development Plan to show the location of the Pointe*Anaheim Overlay boundaries;` e Amendments tothe Design Plan to add Crincepmal Site Plans depicting the layout of [he Pointe*Anaheim project and amendments to the design guidelines and street aoss-sections to inflect the Pointe*Anaheim project components; e Amendments to the Zoning and Development Standazds to establish the zottitt& srandazds for the Pointe*Anaheim Overlay including the proposed list of uses, project density, driveway locations and new provisions For on-site commerdal signage. 8.7.5 Amendment No. 5 Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 related to the Poinre*Anaheim Overlay allows the development of the Pointe*Anaheim Lifestyle Retail and Entr.rtainr.ient Complex as an integrated development to be constmctcd in up to five phases over a period of time. 8.7.6 Amendment No. 6 --- Formatted: Bullets and Numbering lmendment N_ t G to Thy Disneyland Resort5petific Plan No. --- Forma[~d: Pon[: Garamond, 11 pt 92 7 mr difies -ecti t F the Snecific Plan relnted m the Anal cim Gard nWalk (Fomredy Pointe Anaheim) Overlay. 'ChB Sn •cific Plnn Amendment includes test rode hibitchanpec - throul hoot dt • dr cum tit m reflect the new Amheim C'nrd •nWalk O -eday includinl, but nor limited to f lllowtinp- Revision t tl -proicct deuription indudiny development ~--'---- Formatted: Bullets and Numbering in two nna_(4reas A and Hl M difq •shibi[s dttot~t hoot the document m reflect the enladnggf th • fnllowti g- the Pointe to h im project to . I A ~ hcim Cn IcnlAr~lk R-=7 •ct th Pointe Anaheim Page 8-20 The Disneyland Resort Specific Plan Section 8.0: ZoningEzplana6on • :\mendmcnts to the 7.nninn ~ d Dcvelonm •nt Standards ra mndi • >oning sCtndardc f r the •\nah •im C'a d •n\L"alk Overlay including but nor limited tc m xliFviito the proposed list of uses allow •d under Conditional Use Penn t No 4078 m eliminate qua' n establi h'ng F'nal Sit Plan processing procedure Eor Ar R revising th • ph ing from 5 to ? pha-c- Urea 1 u d Rl retti -i ns m th desedption of the proiecr d •nsity inercasi g th • number c f thr permitted hotel moms that cool 1 6 • ct n-tmcted - varnrion ownership resort unit- t om a0D t 5!10 nerrtutti tg hotel rooms. ro be nonresidential condomin' m hotel. rooms in¢casiny+ the maxi um heihht F nn • of th • i c n structure- frr m 30 ro 90 Feet and perrnittiny t ud or di »nr~ areas to encroach inm the Fatella 3 enu • Di ney Way a d Clemenu • Street s tback a- • Amend pr riect igLnl d dapment sra dards i t order tr reflect the red sign of the main project entry from I-farbo Boulevard m Disney Way tee rjmi>e the uniq a -iln requirements associated with amulti-te nt r •gional retail and cntertlinment cote and provide visibility f r a tenants located within the interior of the project ti- tit llr o Pccmit business identification wall sigtt- for t nane~ ]orated on 1vatclla Ar nuc and Disne~R?ny t 1 a e a mnximum si6m area of 110 equate Feet with a first I •tt •r heivht of 36 inehee and i -line letter heiEht- of 24 inches The numhee and position of bu-in •s identification wall are limited a • -hown in Pxhibit 5.8.3.f.6. S.A 3.f.7 & 5 8 3 f 8 oFThe Disn yland Re ~ tt Specific Plilp o Permit four (~ major liu Ines ~c' 1 rnted withi tl c intetior of the pr j •ct m ha -c a coral f Fou (~ s~,~- lcicafedalonE~ eDi ue•Waytreer frontge ircluding (11 bnalnCSS rdcnhfica non wall s>yy>_(110 squ•++r F• 1T4i1) nd thr • (3) busi c-s ide dficati Bard II eiett.-c (10~ Snuare feet with maximum first 1 tter h it hr n.k 3G inches and in-line I tter bc~yht' of 24 inche 1 as shn vn in Fxhihit-583 fG 563f7&-u fA of 9'h Dim gland R ~nrt Snecifie PI o Permit one (1Lmaior business identification -ign nn Disney Way with a maxi um sign area of a40 styes feet as shown in Exhibit 583fG 563 f7&5B3f8 of The Disneyland Resort Spedfic Plari o Permit eight (Bl nmiect identification and seasonal ginbics banners !maxima 3G -g4se feet in area) arts hed to rh lli ney ~ay~g farradt, o All of the 6usine-s identification signs ~n bred by this ordinance shall he sued and positioned in ub ~mntial conformance m exhibits 3 8 f G 5 8 f 7& 5 B 3 f 8 Formatted: Font: Garamond, 11 pt Formatted: Indent: Left: 0.25" Formatted: Bullets aiid.Numbenna Page 8-21 The Disneyland Resort Spedfic Plan Secpan 8.0: Zoning Exp/anadon ~ddidnn of Developed Arcs Th • >( roj a reeds n inc case in th r •tail pros leasable area and numl er of hot •I room t pr vid • viable prrricct reladve m renui eel critical ma. ~ 'Che pr i •ct has been mdesilmed to eFlect d mand ~ th • mark •t Fo th • ceded p«rds and sen•ices. pr •- rd~• ab •ent "Che udtan dll~c d siyn also better re Elects th • chaag - Ar • i •sr rt •ii a and [hc dcnsificntian of the immcdiat mnrlmt ar "I'hc retail has been moved Frnm the t n e tnttrtainmem t rientc 1 (i ~ ~ Ay adum & \Y't nd •rwncksl to a vihr ntlitesn•le center inch ding •t wtide .election of First cla s e tau ant "Chi change has i n r(-nsed additional c•.mnomic do nd ~ nn th-c~rc i tt that •yuirc tl c addi[io ial :¢ea to -tabili>c rh • ee m mice nth the delay of any additional dtvclo~m •nt in °t H mr c li tcl moma need to be added to :\rea r\. C -ic t r E \ddidonal Il tel Rnnms tr Timeshare Formatted: Fan[: Garamond, Il pt, Nat Bold FortnatFed: Fonh Garamond, 11 p[, Not Bold indi at V that then ~s a 'cr~hiFh demand For dmcshare units that is n t being met in th • resntt ea This change will incrca: • the - tme - F the n -etall proi •a and inatase revenue t th • City_n a more expedited manner. ----------._.--- --- Formatted: Font: Garamond, 11 pt N e 1 fr r Condo Hotel Ptrntisinn Since 9/11 hotel de -cl oment ha- bee plaEnted by lack nf -,.- --- Formatted: Fon[: GaramotM, SS pt, reaGstie fi anung The rey irement For [he condo hotel Not Bald pr > •i -it n i to allow an altcrnat fin•mcing source that will expedite the development of the hotels. This in torn would pro ids re en e m the Cit}• sooner rather than later - _, ---- Formatted: Font: Garamond, IS pt Outdoor I7itilng Encroachment In n d r t me •t the de Hands of dt • yualit)•_rc~taurann patio eating i rtnuired and drat stating is~uired to b • n ~ c s • a pgs ~ible t then • I 'trine and chic gar traffic in order m create the dynamic nsotct of the pr icet and t erect • the interactive ^••no pher~ the re-murant's wnn[ Thi ~ tune of activity well crt to the peel •'trian acti irv that vill nnhe the resort area the vib t plat • it iv p1 •d to be Page 8-22 The Disneyland Resort Specific Plan Section 8.0: ZoningExplanation Iconic lelnment __--_____--.--_.._---___-_-.I -______-_-_-_.._-.____--__.. The iconic clement which has I y bee I ~ut F tl e pr~ I'Ct but w~is previnucl;• dcsilm •d rr int •r ct prim 'ly ith rh • inmdor of the prnjca is bein.incrr~se l' heiEhu 1~(lf et n_ measured from Lrede (thc• stn¢t will be 90 kcr~ ~ it will n ~ ~ utteraet with the cetcrinr of th • nrr iect ,nd will crate ~ marker that will hlc piti• ~ t find tticp c ica in •t luickc and easier fashion -I'he p ~ i r icr n nlthouyh ~h ~ rt r wa ~ ch iw der, Siprml><f:hangc_s Due t<r the redt, •si6m of the pr[ jest n muchl;reatcr de ~iv~rt emphasis was made on Di'ncy \Y'+y with str •et fronting -ho r~ to activate the Dimey \X%ay entrance i to the re' rt •v ~ 1'be Katclla Front,=gc also a denvcrit taior ch ngc with the replacement of a few Mryc boe tenant with multiple high- d restaurants. The present siym ordina ce didn't addre `~ the multiple tenon[ retail cepcdence •md needed to fie redtaftui m reflect what is actualh• pninp t happen nn tli • tr ~e[ &ooL•rge The nropased ..ifrtw criterion not my meet minim m ten•i t requiremeiits bot nlsn is well oriented in its p; r ch 'Chen are also n few tenants that because of their location had nn vtablc ngn~yn: IOrau n [h•tt ne •d •d r ha i m opportunity if they were to sunwe" --- Formatted: Font: Garamond, 11 p[ Formatted: Fan[: Garamond, it pt Formatted: Font: Garampnd, 11 p~ Formatted: Font: Garamond, Il pt Formatted: Font: Il of .--~- Formatted:.FOn[: 11 pt Page 8-23 The Disneyland Resort Specific Plan Section 10.0: Generall'lan 19mendment The Disneyland Resort Specific Plan Section 10.0. General Plan Amendment 10.1 Introduction As mentioned earlier in the document, this section includes a discussion of all General Plan Amendments assotia[ed with this Specfic Plan. According m California Government Cade Section 65450 no spedfic plan may be adopted unless thn. proposed plan is consistent with the general plan. ThereFote the amendments discussed in this section wets adopted by the City prior to adoption or amendment of The Disneyland Resort Speufic Plan. The Disneyland Spedfic Plan implements the Ciry's Commerdal Recreadon General Plan designation Exhibit l0.la is a vitinity location map for [he General Plan Amendments.. General Plan Amendment No. 331, which was adopted by the City Council on June 22, 1993 prior to the)une 29, ]993 adoption of The Disneyland Resort Speufc Plan, amended the City of Anaheim's General Plan Land Use and Circuladon Elements to reflect [he plan for The Disneyland Resort. General Plan Amendment No. 336, which was adopted by the City Council on Mazch 22, 1994 poor to the Mazch 29, 1994 adoption of The Disneyland Resort Specific Plan Amendment No. 1, amended the Land Use Element text to reflect the creation of a new District entided `District B,' which allows uses pemutted undo the Anaheim Resort Specific Plan No. 92-2, Zo[dng and Development Standards. General Plan Amendment No. 333, which was adopted by the City Council on September 20, 1994 prior to the September 27, 1994 adoption of the Anaheim Resort Specific Plan, amended the City of Anaheim's General Plan Land Use, Citcvladon and Environmental Resource and Management Elements to refiect the Anaheim Resort Specific Plan. General Plan Amendment No. 359, which was adopted by City Council on July ]3, 1999, prior to the adopdon of the Disneyland Resort Speufic Plan Amendment No. 4, amended the General Plan Land Use Element text m reflect the creation of [he Pointe*Anaheim Overlay, which allows the development of the Pointe*Anaheim Lifestyle Retail and Entertainment Complex. General Plan Amendment No. 393, which was adopted by City Council on Pebmazy 2G, 2002, prior to the adopfion of the Disneyland Resort Specific Plan Amendment No. 5, amended the General Plan Land Use Element text to reflect the modified Deleted: Deleted: Painre' Page 10-1 The Disneyland Resort SpedHc Plan Section 10.0.' General Plan Amendment General Plan Amendment No X005-00440 which va~~dr t•d ~------- P Formatted: Wgh[: -1.71" h • t e. city Council nn ~~~ ~mcnd-1 the C'n •ral Plan 7 nd h FI• cot t•~t crit ll•t adiu rth d~tipdn~f l'ht ._., ,__ Disneyl nd Rc~ort Sn rific PI1n int • 'n~ end cflc t the renaming of the Pointe Anah •i project m the :\nahci :azdcn\X'allc to'ect 13allowinp i~ 2 aecdnn de,cribi tl. General Plan ~\mendments - No. 33t dvouph 393 which were ad pted pri r ro the Comprehensive General 1'hn pdate i t °004 P Ilowin sai +ection is a divntvcion of th • time dmenr tr the de cripti F the Anaheim C?arden\X' Ih pr icct and the 1 and U ~ • Flem nt ner General Plan Amrutlmevr No. 2001-00440. r__________________________________._-__-_____.____-________..._________..-.'-~ Deleted: The£oaoaingpuagophs desuibe Secfinna oldsc Und ^se and Cimihaon FJensevt Ammdsnrno which penam m Thc Dimeyhnd Resort Speefic Plan. Pace to-2 The Disneyland Resort Spedfic Plan Section 10.0: General Plan Amendment 10.2 General Plan Amendments Nos. 331, 333, 336.359 and 393 10.2.1 Land Use Element Print [o the adoption of General Plan Amendment No. 331, the City of Anaheim General Plan designated 484 acres of The Disneyland Resort Specific Plan azea for Commercial Recreation """" land uses. The remaining 5.7 acres of the Spedfic Plan azea were designated Fot Medium Density Residential land uses permitting up to 36 dwelling units per acre. General Plan Amendment No. -_ 331 ie_designated the Medium Density Residential site-to-_.-,___,--~~-" Deleted: t.mau.. et~~: Commcrcial Recreation land uses, which increased the total Commudal Recreation acreage to approximately 1046 aces, of which 489.7 acres aze within The Disneyland Resort Specific Plan. See Exhibits 10.2a and ]0.26 Fox the existing and, amended General Plan Land Use designations. New and amended text was also added to the [ex[ of the General Plan Land Use Element pursuant to General Plan Amendment Nos. 331, 333,}36,. and 393 to reco ~ze The ,--.- Deleted: ~a -- ----------'-fin! - . - Disneyland Resort Specific Plan, the Anaheim Resort Specific Plan, and the Hotel Circle Spedfic Plan, in addition to the PR (Public Recreation) Zone as the implementing zones fox the Commercial Recreation land use designation. T~ommcrdal ------- Deleted: 7Le ainrn: ~~ Recreation description untie slid nmendmcnts reads as Fellows: Commercial Recreation Commm~ral-Reneation-The Commetcal-Recreation category was adppted by [he City in the ]960's to encourage coxnmetdal- recreadon land uses primarily is the Anaheim Convention Centel/Disneyland azea currently xefesed ro as the approximate 1046-acre Anaheim Resort, and in the azea around the Anaheim Stadium. For the Anaheim Resort, [he Commetdal-Recreation category is implemented by the Anaheim Resort Spedfic Plan. The Disneyland Resort Spedfic Plan, The Disneyland Resort Spedfic Plan and [he Hotel Circle Spedfic Plan. For the azea azound the Anaheim Stadium, this category is implemented by the PR (Public Recreation) Zone. The Anaheim Resort Spedfic Plan provides for the develop- ment of app[oximately 549.5 aces within two land use Districts and a Mobile home Pazk Oveday. the C-R (Commercal Recreation) District which allows for hotels, motels, convention and conference facilities, as well as testatuants, retail shops and rntertainment facilities;the PR (Public Recreation) District which encompasses the Anaheim Convention Center and assodated pazking facilities and provides for the Page 10-4 ~'~e ®BsneyHa~ac9 des®a~ ~9® USA ~B~E~~H~'H• ~~~ ~fla ~ ---'1~ f ec f~ C-A ~ < o ~ f~1:] MI3R e a ~fl o ®®® . ~~~ D Q O 9~i Z~ o ~ _ .__ -.- .-- - _ _ .. T.9~I~v( ~ ~ Fxhlblt i02b-City of Anohelm General Plan: Amended Land Ilse Pion Per GPA No. 331 The Disneyland Resort Specific Plan Section 10.0: C,eneralPlan tlrnendment azea of the Theme Pazk District neaz Ball Road and West Street/Disneyland Drive at build-out. Semen and Starm Drvin.r-The General Plan Sewer and Stotm Drain Maps identify existing sewer facilities and storm drain lines. The Public Works-Engineering Department has prepazed " a new Master Plan of Sewers and an updated Master Plan of Drainage for the South Central Area of Anaheim. These Master ... Plans were adopted by the City Council on May 4 and May Il, ' 1993, respectively. The Disneyland Resort sewer and storm drain facilities have been planned [o be consistent with said Master Plans. 10.2.2 Cuculadon The adopted amendments apply to properties both within and Element outside of [he Specific Plan project area and axe shown on Exhibits 10.3a and 10.36. The Circulation Element identifies a number of arterial highways and local streets which serve the Anaheim Resort. In connection with The Disneyland Resort project, a number oEmodifiratipns were adopted to the circulation system. Following is a list of the amendments which aze discussed in more detail in Section 4.0, Tublic Facilities Plan,' of The Disneyland Resort Spedfic Plan. Wert Stud behueen Intrrrlale 5 and KatelkAvrnnr-Re-designate West Sttee[/Disneyland Drive between Ball Road and I-5 from a Secondary Arterial Highway (4 lanes., 90.foot right-of--way) designation to a Modified Major Arterial Highway (G to 7 lanes, 98 to 110-footright-of-way) designation; delete a portion of West Street south of Ball Road from the Major Artetial Highway (6 lanes, ]20-foot right-of--way) designation and aeatc a cul-de- sac; re-designate West Street between Ceaitos Avenue and Ball Road from a Major Arterial Highway (6 lanes, 120-Foot right-of- way) designation to a Resort Secondary Arterial Highway (4 lanes, 90.foot right-of--way) designation [o a Resort Secondary arterial Highway (4 lanes, 95-foot tight-oF way) designation; and, change its alignment and name to Disneyland Drive from I- 5 [o I{atella Avenue. C<vitorAwrtue betmrrn IY/alnut Stmt and Wut SInr1- Relocate Cerritos Avenue between Walnut Street and West Street/ Disneyland Drive 1,000 to 1,100 feet northerly and Page 10-11 u~'q°CF~M~-{ "vim) ~~a. _,__- r~ 0 8®00 ~ 2~ 300D ~o1 Exh1bB 10.30-Anaheim Ger~ral Plan: Circulation Element Existing Pdor to Adoption of GPA Mo. 331 E}C6ST9N~ C9R~l~~~'B®~9 ~~M~NI" flJlA~ ~`f ~'f, J 00~® m ~ ~ ~ Exhibit 10.3b-CTfy of Anot~eim Genera! Plon: Amend Circulation Element Fer GPA No. 33 I ~e Di~~a~~~~d R~®rt ~~RC~ ~'G~~ E~~~~~ A~ The Disneyland Resort Specific Plan Secdon 10.0: Genera/Plan Amendment remove it from the Secondary Arterial Highway (4 lanes, 90-foot right-of--way) designation, and te-designate it [o a Resort Local Street (2 lanes, GS-foot right-of-way) designation.. Freedman Way betwern Anaheim Boukvord/Hart<r S!n<t and Harbor Boulmard--Re-designate Freedman Way between Hasten Sreet and Hazbot Boulevazd from a Secondary Arterial Highway (4. lanes, 90.foo[ right-of-way) designation, [o a modified Major Arterial Highway (Gjanes, 113-Foot tight-oF-way) designafioa ICate!laAvenue b<lween 1-S and Wabrut Sher!-Ctea[e a new designation cndded `Resort Smartsttcet' and xe-designate Katella Avenue between I-5 and Walnut Street from a Major Arterial Highway (6 lanes, 120-Foot tight-of--way) designadon to a Resort Supersneet (8 lanes, 166-foot tight-oE way) designadon.. Harbor Boulevard between Interrtale 5 and Orang<voodAvenur-Re- designate Hazbot Boulevazd between 1-5 and Orangewood Avenue from a Major Arterial Highway (G lanes, 120-foot righ[- of-way) designation [o a Resort Major Arterial Highway (6 lanes, t44-footright-of-way) designation Clan<ndne Slnct brlween Frerdman Woy and Kat<l1a Avenue-Re- desigtta[e Clementine Street between Freedman Way and ICatella Avenue from a Secondary Arterial Highway (4-lane, 90.foot right-of--way) designation [o a Modified Secondary Arterial Highway (4 lanes, g7-foot right-of--way) designation. Since a new highway designation ("Smattsteet") was added to the Circulation Element, the following text was added to the Circulation Element: "Smactstreet -These facilities provide improved tirnrladon for local and regional tcaFfic. Tlvs category of highway requires up to 166 feet of right-oF-way and provides fox six to eight mid- block travel lanes, and landscaped center divider and additional turn lanes a[ intersections." All streets categorized as "Resort" ox "Modified" were added ro the Circulation Element "Exceptions Lis[" which identifies variadoos to the "Major," "Primary," "Secondary," and "Local" arterial highway designations. See Exhibit 10.3q `Exceptions Lis[ to Arterial Highway Rights-oE Way.' 1 r 2004 the Ciro, f ~ ahcim c mhl ~t d a contprchcnsivc '10 3 General flan ultdate to it ~ General Plan The ~+oal and politics related to the Amendment No. 2001- C r nmereinl Recreation de ~igttntinn The `\naheim Recor[ and 00 0 tl c lat d 'c dcsiy ri n' for the -1 tahcim GardenVValk nroicc[ we c inc m rlted intr the u~ated General Pl1n. Page 10-14 The Disneyland Resott Spctific Plan Section 10.0: Geneta/Plan Amendment "Phr. proposed Gc tcr~l Plan imendm nt Nn °005-OOd40 a_ssociatcd with:\mcndment Nn G to The Disneyland Rc ~ort Specific Plan includes an amend Went « the 1 •: td U ~e PI • n •nt ro retleet the Followinlr revi • •d Project d • ~ dndon• `"Phc Dtsneyland Resort SnrrtFic Plan al_r_~tmvid sFor th • ______ _.___ develnnment of the 4n heim Card Walk pr jeer ~ want t the Amheim G•[rden\Y/all- Overlay at the f llnwi~ den'ig~ a d subjca to [he approval of Conditional Use Permit Nn '{078 •: amended r perrnit tl a followin~p « 569 750 squnr~ fe t ' F sp~tyrerail [csmurant and entertainment^ e~ including mor5e thnters: 1 G28 hotel c c m /suit •- (including up m 5(NI vacation ownership unitd and °78 817 i(uare Feet of h td amasrory uses• a tran •porradon cent and 4 800 p•trlring spaces 7}te Amheim GatdenlYt•dk Overh • •nwmpa ~~es District A and the portion of the Parld ~. Di trier (Ira ~t Patki (. :\rea)/CROvednv south of Die yWiy<_ The prniert. as amended cond e tc I • i ompli~ne with tl c• C;eoc[al Plan. Fonnatfed: Font: Garamond Page 10-15 Ci .®.. t 0 C O ~ m ao ~ c ~ ~ o ~ `~ ~ U ~ m~ ~~ ~~"~' ~ ~ _ ~ ®~ ~ U m m -~ ~. a ~ ~ •`~ in ~ v ~ Q AM^ ~ ~~ C ~ ~ o ~: ~ ~~ ~ m ~ cv O 0'a' D ~- ~~ a:. i ~ m ~ m ~- y -i.: ~ ~ ~ ~- c - ~ ~ ~ ~~~ ~ ~ ~ ~ ~m ~ ® ~ ~ ~ ~® N B c~c ~ ~ C SC C ~ X E X E ~ E y X 0 E-~ ~ O m OLJl LJ.I ~~ ~ ~ ~ ~ ~ C ® o T f 0 U C ® r p V O c1a ~~ }'; .. s a PC RESOLUTION NO. 2006- EXHIBIT B Amendment No. 6 to The Disneyland Resort Specific Plan AMENDED AND RESTATED CONDITIONS OF APPROVAL 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 do October 8, 1996)(as required by Section 21081.6 of the Public Resources Code). For purposes of these conditions of approval, the following terms are used: A. Applicant: The Walt Disney Company, its successors and assigns. B. Property Owner/Developer: Any owner or developer of real property within The Disneyland Resort Specific Plan Area; including the C-R and Pointe"Anaheim Overlay Areas and District A: C. Disneyland Resort; The Disneyland Resort, including a second gated theme park, modifications to the Disneyland Hotel, a new Disneyland Administration Building., new hotels, entertainment areas, internal transportation systems, and public parking facilities in the Parking, Theme Park and Hotel Districts, and the South Parking Area in the Future Expansion District. None of the conditions of approval contained herein shall be required to be implemented prior to issuance of any permits for or construction of new structures, improvements, or other modifications within the existing Disneyland Theme Park. D. Second Theme Park: A gated theme park planned south of the existing Disneyland Theme Park. Development of the Anaheim GrdenWalk Overlay shall be subject to the conditions of approval set forth in City Council Resolution No. 2006R-_ (as it may be amended) approving Conditional Use Permit No. 4078, as amended, including all mitigation measures/project design features set forth in Mitigation Monitoring Program No. 004a (as modified by City Council Resolution No. 2006R-_) (as required by Section 21081.6 of the Public Resources Code). Applicable conditions set forth in Ordinance No. , as modified to be appropriate for the Anaheim GardenWalk project, have been incorporated into City Council Resolution No. 2006R-_ along with additional project specific conditions. Therefore, the following conditions (Nos. 1 through ^) shall not be applicable to the Anaheim GardenWalk Overlay. ELECTRICAL 1. That prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes shalt 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. That pedestrian walkway lighting plans in the public right- of-way shall be reviewed and approved by the Public Utilities Department, .Electrical Services Division and the Police Department prior to installation. 3. That prior to the approval of each tentative tract or parcel map, or issuance of each building permit, whichever occurs first, Public Utility Easements (PUE's) will be recorded and/or abandonment of PUE's will be processed to the satisfaction of the Public Utilities Department for the following circumstances: A. As a result of increases in right-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 ofnew 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 recordatioh of new PUE's to accommodate the relocation. 4. A: That the roadway lighting of alb publidstreets shall be designed in accordance with the Anaheim Resort Identity Program and associated construction specifications. B. Private streets within The Disneyland Resort Specific Plan Area, with the exception of those within the Hotel and Theme Park Districts, shall have street lights designed and installed in accordance with the Anaheim Resort Identity Program.- C. That the property owner/developer shall pay or cause to be paid alicosts associated with replacing the existing City street light system within the public right-of-way adjacent to dr within the Disneyland Resort Specific Plan Area with streetlights designed in accordance with the Anaheim Resort Identity Program. ENGINEERING 5: That the following street design elements shall be shown on each tentative tract or parcel map: A. Street cross-sections, including dimensions, labels, 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. 6. That prior to the approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, exdept at approved access points, shall be released and relinquished to the City of Anaheim. 7. That prior to approval of each street improvement plan, the following shall be provided (for a one (1) year maintenance period) in a manner acceptable to the City Engineer. A. Public Realm Parkway and median island landscaping and irrigation mantenande. B. Provision for the 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 dead. 8. That prior to issuance of each grading permit, a rough or precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval 9. That all storm drain, sewer and street improvement plans shall be designed and improvements constructed to the satisfaction of the City Engineer. FIRE 10. That prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code_ 11. That prior to the placement of building materials on a building site; 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, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. 12. That all lockable. pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 13. That prior to the approval of on-site water plaris, unless each commercial building is initially connected to separate fire services, an Unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 14. Combined with Condition No. 11 15. Combined with Condition No. 11 LANDSCAPING 16. That excluding the Disneyland Administration Building, within 120 days following the issuance of the first building permit for Phase II, the applicant shall commence installation of roadway improvements, infrastructure improvements and parkway landscaping and install parkway trees within the Walnut Street Public Realm from Ball Road to Katella Avenue in accordance with the requirements of Section 5.0 "Design Plan" of the Specific Plah document. Applicant shall diligently proceed with such Lmprovements and shall maintain said landscaping through the duration of the cohstruction: 17. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of public sidewalks, unless determined unnecessary by the City Engineer. 18. That all trees planted in the Public Realm shall be planted Ln accordance with the standard City Tree Planting Detail. 19. That with the exception of landscaped areas in the theme parks, prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department that atl landscaping has been installed in accordance with landscaping plans approved by the City and on file with the Building Division of the Planning Department. 20. That on-site non-Public Realm lahdscaping and irrigatioh systems and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer in compliance with City standards. 21. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is•removed, damaged, diseased and/or dead. 22. That a licensed arborist shall be responsible for all tree trimming within the Setback Realm. NOISE 23. That prior to the commencement of construction activity, the property. owner/developer shall install and maintain specially designed construction barriers at the construction project perimeter areas. The construction sound barriers shall be a minimum height of 8' with a minimum surface weight of 1.25 Ibs 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, astragels, 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.. 24. .That sweeping operations in the parking facilities and private streets or on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a sound level measured not greater than 60 dBA at the. nearest adjacent property line. 25. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. 26. That the property owner/developer shall pay all reasohable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning Department to ensure that the Disneyland Resort, including the South Parking Area, ongoing operations do not exceed 60 dBA at any point on the exterior project boundary property line between the hours of 7:00 p.m. and 7:00 a.m. of the following day.. During the first five (5) years of operation of the Second Theme. Park, said noise monitoring shall be conducted four times a year oh a random basis for athree-day period; and, if the monitoring finds that the 60 dBA threshold is being exceeded,. modifications to the ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requirement; With additional follow-up monitoring conducted to confirm compliance. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City; and if the monitoring finds that the 60 dBA threshold is being exceeded,' modifications to ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requiremeht, with additional follow-up' monitoring conducted to confirm compliahce. If the Disneyland Resort is in compliance during the first five years, then the frequency of monitoring shall be semi-annually thereafter.: 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, Amendment No: 5 to The Disneyland Resort Specific Plan No. 92-1, and Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1. (It should be noted that Amendment Nos. 4, 5 and 6 to The Disneyland Resort Specific Plan No. 92-1 text and accompanying exhibit changes relate to development which may occur under the Anaheim GardenWalk Overlay only. These changes. are set forth in Ordinance No. 5689, Ordinance No. 5807, and Ordinance No. _. 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 DisheylandResort Specific Plan No. 92-1" (Ordinance No. 5580) and Adjustments to The Disneyland Resort Specific Plan (Ordinance Nos: 5613, 5736; and 5768), remain unchanged: PLANNING-RELATED.. 28. That the aesthetic concepts related to The Disneyland Resort Specific Plan for improvements along the 1-5 shall be coordinated with plans for the Anaheim Resort area and the Anaheim Center Master Plan. 29. That all Final Site Plans shall be prepared in conformance with the Anaheim Resort Specific Plan Final Site Plan PreFile submittal requirements on file with the Planning Services Division of the Planning Department. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans. 30. That prior td issuance bf building permits, unless Yecords indicate previous payment, a fee for street tree purposes shall be`paid or caused to 6e 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. 31: That prior td final building and zoning inspections; all air conditioning facilities and other rdof and ground mounted' equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties: Such information shall be specifically shown on the plans submitted for building permits. 32. That except within the Theme Park District, prior to final building and zoning .inspections, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fullyscreened from view of adjacent public rights- of-way and from adjacent properties by architectural devices and/or appropriate building materials; and, further, such information shalt be specifically shown on the plans submitted for building permits. 33. That property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. 34. That the location and configuration of all lighting fixtures including ground- mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas in the Hotel District, Parking District and development in the C-R Area and in District A, shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. 35. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear elevations of buildings visible from a 5-foot high view point from off-site areas shall be architecturally accented to portray a finished look. 36. That, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to the recordation of a subdivision map; an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation Manager and 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 then be submitted to the Planning Services Division of the. Planning Department. 37. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback areas. 38. That with the exceptioh of the Disneyland Administration Building, prior to approval of the first Final Site Plan; issuance of the first building permit or approval of the first tentative tract or parcel map to implement The Disneyland Resort., whichever occurs first, The Walt Disney Company shall submit proof to the City of Anaheim that The Walt Disney Company has entered into an agreement with the Southern California Edison Company with regard to the relocation of the SCE Easement. Said agreement shall be consistent with the provisions of the Disneyland Resort Specific Plan, including the Setback Realm and Private Realm landscape concepts identified in the Section 5, Design Plan, of the Specific Plan document (Exhibit A). Further, said agreement shall specify whether the SCE transmissiomlanes will be undergrounded or enclosed in a structure. 39. Intentionally deleted in connection with the adoption of Ordinance No. 5377. POLICE 40. That with the exception of the Theme Park and Parking Districts, which are already addressed in the Specific Plan, prior to approval of each Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. STREET MAINTENANCE 41. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. TRAFFIC/CIRCULATION 42. That prior to issuance of a building permit for the West Public Parking Structure, plans shall be prepared to the satisfaction of the City Traffic and Transportation Manager showing a minimum of eleven (11) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the West Public Parking Structure, said toll lanes/storage capacity shall be provided. 43. That prior to approval of a Final Site Plan for the East Public Parking Structure, plans shall be prepared to the satisfaction of the City Traffic and Transportation :Manager showing a minimum of fourteen (14) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the East Public Parking Structure, said toll lanes/storage capacity shall be provided. 44. 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. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a .building permit: 45. That prior to approval of each Final Site Plan or issuance of each building permit, whichever occurs first, plans for vehicular and pedestrian circulation shall be submitted to the City Traffid and Transportation Manager for review and approval showing conformance with Section 5.0, "Design Plan" of the Specific Plan document pertaining to parking standards. Subject property shall be developed and maintained in conformance with said plans. _ 46. That all driveways shalt be constructed to the satisfaction of the City Engineer with radius curb returns ranging from eight (8) to thirty-five (35) feet, unless otherwise approved by the City Engineer. 47. That excluding the Disneyland Administratipn Building, prior to approval of the first Final Site Plan, tentative tract or parcel map, or issuance of a building permit, whichever occurs first, for each District, vehicular access points to the public streets shall be subject to the review and approval of the City Traffic and Transportation Manager. All access points shall be in substantial conformance with the District Concept Plans in Section 5.0, "Design Plan", of the Specific Plan document. 48. That prior to approval of each Final Site Plan for the Hotel District including the Southwest Parking Area, parking plans shall be submitted to show the location and configuration of hotel employee and guest parking for that site plan. All parking plans shall be subject to the review and approval of the City Traffic and Transportation Manager. 49. Applicable elements of the condition combined with amended Condition No. 58. 50. That prior to Final Site Plan approval for parking structures iri the Hotel Qistrict, signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the City Traffic and Transportation Manager for review and approval. 51: That any modifications to the restricted setback in Project Design Section 3.3-10, to Walnut Street (e.g., turn restrictions, narrowing of street, etc.) shall be subject to the review and approval of the Planning Commission. All modifications shall be designed and constructed to the satisfaction of the City Engineer. 52. That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, 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 a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspections in accordance with an approved construction phasing plan. These requirements may be modified by a Development Agreement between the City of Anaheim and the applicant with respect to improvements to be implemented by the applicant. 53. That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and Improvement Fee shall be paid to the City of Anaheim in the amount(s) determined by City Council Resolutidh. Consistent with the Fee Ordinance, fees may be reduced in consideration of right-of-way dedication and/or Master Plan of Arterial Highway facility construction. 54. That prior to issuance of a building permit, the property owner/developer shall provide proof of their participation in the Anaheim Transportation Network (TNA) and Anaheim Stadium Business Center and coordinated with the 1-5 Traffic Management Plan. 55. That should a pedestrian bridge over Harbor Boulevard be constructed in Phase III; safe and convenient pedestrian access to/from the east parkway side of Harbor Boulevard shall be providedduring construction by the applicant, to the satisfaction of the City Engineer; and, the same shalt be`provided during construction of the West Street/Disneyland Drive dvercrossing between the Hotel District and the Theme Park District to/from the east parkway side of West Street/Disneyland Drive. 56. That ongoing operations for the South Parking Area structure shall provide that it be loaded and emptied to minimize evening noise generation, or other measures acceptable to the City implemented. 57. Intentionally deleted in connection with the adoption of Ordinance No. 5377. 58. A. That prior to the issuance of the first building permit for the Theme Park Central Ticketing Plaza or the approval of a Final Site Plan for the Theme Park District Setback Realm along Harbor Boulevard; the applicant shall submit for review and approval by the City Engineer, a plan showing the location and design of the Theme Park District Drop-off Area, which is to be located on the west side of Harbor Boulevard. Further, that prior to Opening pay of the Second Theme Park, said facility shall be :provided by the applicant in accordance with the approved plan:, B. That in Phase III, in the event that the Drop-off Area is proposed to be relocated adjacent or internal to the East Parking Facility, that prior to the approval of a Final Site Plan for the East Parking Facility, the location and design of the drop-off area shall be subject to the review and approval of the City Engineer. Prior to final building and zoning inspections of said facility, the drop-off area. shall be provided by the applicant in accordance with the approved plan.. 59. That prior to any development associated with uses other than parking within the Future Expansion District, additional environmental review will be required. WATER 60. That prior to final building and zoning inspections; the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility. Division, in either underground vaults or behind the Setback Realm area in a manner fully screened from all public streets and alleys. Such information shall be specifically shown do the plans submitted for Final Site Plan approval and for building permits. MISCELLANEOUS. 61. That the applicant will build or preserve, or cause to be built or preserved, 500 .affordable housing units in the City of Anaheim in connection with the development of the Project, The housing units shall be preserved, constructed or under construction prior to the opening of the Second Theme Park. The City shall cooperate with the applicant ih securing financing, identifying sites and approving entitlements. The applicant shall consult with the City prior to entering into binding agreements to build or preserve, or cause to be built or preserved, such housing units in the City. The applicant shall give priority to the preservation of existing housing units in deteriorating mu'Iti-family areas of the City. The applicant shall give priority to family units of 2 and 3 bedrooms with a goal of 50% of the units to be 2 or mare bedrooms. The applicant shall have discretion to select the particular projects in which it will participate. Affordable housing units Yequired as part of other projects' conditions of approval shall not be eligible for credit. A minimum of 40% of the units shall serve "very low income households" (as defined in Title 25 of the California Administration Code, Section 6926). The remainder of the units will serve "low income households". 62 Intentionally deleted ih connection with the adoption of Ordinance No. 5377. 63. That in conjunction with the construction of the East and West Publid Parking Facilities, the Hotel parking ttuctures, and the South Parking Area Structure, no impact driven piles shall be' allowed. 64. Intentionally deleted - no longer applicable. 65. That within thirty (30) days of the City Couhdil's actioh oh Amendment No. 6 to The Disheyland Resort Specific Plan No. 92-1; the applicant (Anaheim GW, LLC) shall provide the Planning Department with three (3) copies of an amended Specific Plan document reflective of the City Council's action: Upon the Planning Department's review and approval of the amended document as being in conformance with the City Council's action, twenty-five (25) copies of the final amended document, including one master set suitable for reproduction, and twenty-five (25) electronic copies (CDs) prepared to the Planning Director's satisfaction including all text and graphics in the document to enable amendments to be made to the document in the future, if necessary, shall be provided by the applicant to the Planning Department.. 66. Intentionallydeleted (repetitive). 67. That the applicant and/or property owner/developer, as specified in the individual mitigation measures, shall be held responsible for compliance with the mitigation measures and that the applicant shall be7esponsible fog implementation of the project design features identified in Final EIR No. 311 arid Addendum and for complying with the Modified Mitigation Monitoring Program No. 0067, in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the applicant andlor property owner/developer, as specified in the individual mitigation measures; and the applicant for project design features, 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 Final EIR No. 311 and Addendum that have been incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on Oct. 8 , 1996). The Modified Mitigation Monitoring Program No. 0067., which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 68. Intentionally deleted - no longer applicable. 69. Intentionally deleted - no longer applicable. 70. Intentionally deleted - no longer applicable 71. That prior to relocation/construction of the SCE 220kV electrical transmission lines in an aerial configuration, the applicant shall commit to fund or cause to be funded the landscaping improvements within the Public Realm parkway and Setback and Private Realm areas adjacent to the planned SCE 220kV aerial alignment, in accordance with the requirements of Section 5.0, "Design Plan", of the Specific Plan document for the following areas: along the east side of Harbor Boulevard (between Freedman Way and 400 feet north of Katella Avenue); along the nortH side of Katella Avenue (between 700 feet west of Harbor Boulevard to Walnut Street); and, along the west side of Walnut Street (betweeh Katella Avenue and the existing SCE corridor crossing). The applicant shall diligently proceed with the implementation of these landscaping improvements in ' conformance with construction staging plans prepared to the satisfaction of the City Engineer, which shall be submitted for review and approval. by the City Engineer prior to commencement of the. relocation/construction activities:: 72. That prior to commencement of Caltrans' improvements for the T-5 Widening Project in Harbor Boulevard and ManchestePAvenue, the existing 10" water main between the southeast corner of the Disneyland Administration Building site and Harbor Boulevard north of Manchester Avenue will be replaced with a new 16" water main to be constructed in Manchester Avenue/Midway Drive between the Harbor/Manchester intersection and the Anaheim Boulevard/Midway Drive intersection. The applicant shall model and simulate, with a field test acceptable to the City of Anaheim, the effect of this improvemenfon the current flow conditions for Disneyland back-of-house. If the test results meet City of Anaheim rules and regulations, but, for some other reason, are not acceptable to the applicant, then, the applicant shall propose an additional looped water main acceptable to the City of Anaheim.. If the test results do not meet City of Anaheim rulesand regulations, then, the Citywill cause the necessary changes to be made in compliance with the City's rules and regulations: 73. Prior to Final Site Plan approval, the Disneyland Resort hotels in the Hotel District will be designed to accommodate airport bus service to and from their hotels and plans showing these areas., accessible to the general public, shall be submitted to the City Engineer for review and approval. 74. Prior to the approval of street improvement plans for the relocation of Cerritos Avenue, plans shall be submitted td the City Engineer for review and approval showing that the streethas been designed to minimize through traffic to Walnut Street. 75. That everyfiveyears following the opening of the Second Theme Park, the applicant shall submit a parking evaluation to the City Traffic and Transportation Manager for review and approval, to assess the adequacy of parking for The Disneyland Resort project. The parking evaluation shall be paid for by the applicant and shall be prepared to the satisfaction of the Gity Traffic and Transportation Manager. If the parking evaluation indicates that parking is deficient, then additional parking spaces shall be provided in accordance with the recommendations of the evaluation and in conformance with the Disneyland Resort Specific Plan. DRAFT RESOLUTION NO. PC2006- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 4078, AS AMENDED, INCLUDING MODIFICATIONS TO THE MIX AND ALLOCATION OF LAND USES, ZONING STANDARDS, PHASING, MODIFICATION OF THE WAIVER OF MINIMUM NUMBER OF PARKING SPACES, AND AMENDMENT TO THE° CONDITIONS OF APPROVAL 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 grass square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 roomslsuites 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.ftJ 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 terminallfacility for airport transport and tolfrom 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 Councif 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 634,70p gross sq. ft. of retailldining/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 maybe used for a hotel conferehce center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711 grass sq. ftJ; 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 tolfrom 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 in the parking structure proposed at full project buldout); and; WHEREAS, on December 14, 2004, the City Council did, by its Resolution Nd. 2002R- 253 amend Conditional Use Permit No. 4078, to extend the date by which the developer must commence construction of the Initial Phase of Development (from within 3 years after February 26; 2002 to February 26, 2006) and to reflect the name of the new owner (Anaheim GW; LLC); and WHEREAS, on December 12, 2005, the 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, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code; William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and _1 _ PC2006- DRAFT. WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted applications for General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland. Resort Specific Plan, an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces), a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99- 01 (Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01) by and between the City and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205 and Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by and between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council concurrently with the above applications, all of which applications pertain to amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific. Plan, Pointe Anaheim Overlay under the ownership and/or control of Anaheim GW, LLC {hereinafter the city-initiated applications and the applications submitted by Anaheim GW, LLC are referred to as the "Proposed Project Actions"); and::.. WHEREAS, the proposed changes relate to the mix and allocation of land uses, zoning standards, phasing, project layout and modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, the 29.1-acre project site is vacant with the exception of 8.8 acres at 1700 South Harbor Boulevard which is developed with the Anaheim Plaza Hotel and Suites; that the site is zoned SP92-1 (The Disneyland Resort Specific Plan No. 92-1) consisting of District AlPointe Anaheim Overlay (18.9 acres) and Parking District (East Parking Area)/C-R Overlay/Pointe Anaheim Overlay (10.2 acres)); and that the site is located in The Anaheim Resort and is designated for Commercial Recreation land uses by the Anaheim General Plan; and , WHEREAS, the Anaheim 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 March 6, 2006, at 2:30 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, Chapters 1 B.60 (Procedures) 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 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, does find and determine the following facts:: 1. That the proposed amendment to Conditional Use Permit No. 4078, in its entirety, including amending the conditions of approval, is properly one that is authorized by Anaheim Municipal Code Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional Use Permits). 2. That the use, as amended in its entirety, is authorized by the Anaheim Municipal Code -2- PC2006- DRAFT - 3. That the use, as amended in its entirety, which is substantially similar to the previously proposed land use, will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located 4. That the size and shape of the site proposed for the use, as amended in its entirety,,.is adequate to allow full development of the use in a manner not detrimental to the particular area or to health and safety of the citizens of Anaheim. 5. That the proposal includes waiver of minimum number of parking spaces to reflect the Anaheim GardenWalk project, as proposed to be modified:. Sections 18.42.040.010.. Minimum number of Dorking spaces. and 18.114.110.010.0104 (6 984 required; 4 800 total in Areas A and B proposed). 6. That the waiver of minimum number of parking spaces is hereby approved on the basis. of the information contained in the parking analysis in the Anaheim GardenWalk Transportation Analysis Update, dated February 28, 2006 and prepared by Meyer, Mohaddes Associates, Inc., which parking demand analysis determined the peak parking demand for Area A to be 2,493 spaces at 8:00 PM and that inasmuch as 3,200 striped parking spaces and 15 bus parking spaces will be provided; and further that the parking demand analysis determined the peak parking demand for project build-out (Areas A and B combined) to tie 3,158 spaces at 8:00 PM and that inasmuch as up to 4,800 striped parking spaces and 15 bus parking spaces will be provided pursuant to the mitigation measures set forth in Modified Mitigation Monitoring' Program No. 004a, the waiver will' not cause fewer spaces to be provided for, the Anaheim GardenWalk project than the number of such spaces necessary to accommodate all vehicles attributable to the Anaheim GardenWalk project under the normal and reasonably foreseeable conditions of operation of such use: 7. That on-street parking is not provided on any of the streets in the immediate vicinity of the proposed project, so visitors to the projectwould not expect to park on the street; that visitors will park in the on-site parking structures provided at the Anaheim GardenWalk project; that, in accordance with the mitigation measures set forth in Modified Mitigation Monitoring Plan'No. 004a, the parking structures will' accommodate up to 4,800 cars, which is more than the 8:00 PM peak parking demand of 3,158 spaces; and that; therefore, the waiver will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Anaheim GardenWalk project: 8. That, as demonstrated in the parking analysis, the Anaheim GardenWalk parking structure will provide adequate spaces to meet theproject's parking demands on-site; so the waivefwill not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of khe Anaheim GardenWalk project. - 9. That on-site circulation in the parking structure will be designed to minimize congestion on-site and thafpursuaht to the mitigation measures set forth in Modified Mitigation Monitoring Program No. 004a ahd the Anaheim GardenWalk Overlay zoning and site development standards, the parking structure layout and sighing plan will be reviewed and approved by the Planning Department and; therefore, the waiver wilt not increase traffic congestion within the. off-street parking areas or lots provided for such use: 10. That City's Traffic and Transportation Manager has reviewed the transportation study and determined that the proposed Anaheim GardenWalk driveway entry and exit locations are appropriate for the project site; and that with the installation bf aright-turnlane on the south side of Disney Way and installation of dual left turn lanes prior td developmenfof Area B for west-bound traffic along Disney Way. to the signalized project entry betweeh Harbor Boulevard and Clementine Street, the waiver, pursuant to the mitigation measures set forth i~ Modified Mitigation Monitoring Program No. 004a, will not impede _3_ PC2006- DRAFT.. vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the use, as proposed to be modified. 11. That the proposal is consistent with the goals and policies of the Anaheim General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2005-00440, and with the purposes, standards and land use guidelines therein. 12. That as demonstrated in the findings for approval of Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 (Resolution No. PC2006- ~, which amends the provisions for the Anaheim GardenWalk Overlay and the development of the Anaheim GardenWalk project, the proposed Anaheim GardenWalk uses will not adversely affect the adjoining land uses and the growth and development of the area in which said uses are proposed to be located: 13. That inasmuch as the Anaheim GardenWalk project is proposed to be developed in accordance with the zoning and development standards set forth for the Anaheim GardenWalk Overlay, as proposed for amendment pursuant to Amendment Nb: 6 to The Disneyland Resort Specific Plan No. 92-1, the size and shape of the site for the proposed use is adequate to allow full. development of the proposal in a manner not detrimental to the particular area nor to the peace; Health, safety and general welfare. 14: That as demonstrated in the Anaheim GardenWalk Transportation Analysis Update, dated February 28, 2006 and prepared by Meyer, Mohaddes Associates, Inc., the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the, traffic in the area 15. That granting this conditional use permit, under the conditions of approval herein, will note. be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 16. That this conditional use permit entitles the uses, maximum gross square footage and conceptual site plans and elevations associated with the Anaheim GardenWalk project, as set forth in Code Section No. 18.114.105.030 (Anaheim GardenWalk Density) of The Disneyland Resort Specific Plan No. 92-1, as proposed for amendment;. and that detailed Final Site Plans are required to be submitted for Planning Commission review and approval as "Reports and Recommendations" items prior to approval of the first grading plan or subdivision plan or prior to issuance of the first building permit, whichever occurs first, for each development phase. 17: That, with regards to the provision of vacation ownership resort units as part of this conditional use permit, that there are adequate visitor-serving facilities in the City and that the proposed. number of vacation ownership resort units will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including. Conditional Use Permit No. 4078, as amended, and did find and determine and recommend that the City Council find and determine by its Planning Commission Resolution No. 2006-_, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and bonsideration of the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, ihcluding Section 2116ti bf the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program Nd. 004a, are adequate to serveas the required environmental documentation for this Conditional Use Permit and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Conditional Use Permit. -4- PC2006- DRAFT. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Conditional Use Permit No. 4078; in its entirety, to grant Conditional Use Permit No. 4078, as amended, with waiver of minimum number of parking spaces, subject to the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: ELECTRICAL 1. That prior to issuance of each building permit, unless records ihdicate previous payment, a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for city- authorized imprdvements installed by the property owner/developer.. 2. That prior to approval of street improvement plans, pedestrian walkway lighting plans in the public rights-of-way shall be reviewed and approved by the Public Utilities Department, Electrical Services Division, and the Police Department. 3. That prior to issuance of each building permit, whichever occurs first, public utility easements ("PUE's") shall be recorded and/or abandonment of PUE's shall be processed to the satisfaction of the Public Utilities Department for the following circumstances: A. As a result of increases in rights-of-way, where electrical and communication facilities are located adjacent to the existing right-of-way, the facilities shall be either located within the new. right-of-way or relocated to new adjaceht 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. (SP Condition No. 3) 4. A. That prior to approval of street improvement plans, roadway lighting of all public streets shall be designed in accordance with the Anaheim Resort Identity Program and associated construction specifications to the satisfaction of the Planning Department, Planning Services Division and the Public Works Department:. B. That prior to approval of street improvement plans, unless records indicate previous payment, the property owneddeveloper 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. ENGINEERING 5. That prior to approval of tentative tractor parcel maps, the following street design elements shall be shown on each tentative tract or parcel map to the satisfaction of the Department of Public Works: _5_ PC2006- DRAFT A. Street cross-sections, including dimensions, labels, Geheral Plan Circulation Element designation (i.e., Resort Secondary), and whether public or private; 8. Street grades and vertical alignment; and C. Horizontal alignment, including centerline .radii, and cul-de-sac radii. 6. That prior to approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim, to the satisfaction of the Department of Public Works. 7: That prior to approval of each street improvement plan, the following shall be providedfdr a one (1) year maintenance period (commencing at completion of final building and zoning inspections), in a manner acceptable to the Department of Public Works:' A. Public Realm parkway and median island landscaping and irrigation maintenance. (The "Public Realm" is described in subsection 5.3 "Landscape Concept Plan" of Section 5.0 "Design Plan" of The Disneyland Resort Specific Plan document.) B. Provision for replacement of any tree planted in accordance with Iandscaping plans in a timely manner in the event that it is removed, damaged, diseased andlor dies. 8. That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the Department of Public Works and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the Department of Public Works; and that security in an amount and form satisfactory to the Department of Public Works, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of building permits or prior to approval of a final subdivision map to guarantee the installation of the related improvements prior to final building and zoning inspections. FIRE 9. That prior to issuance of building permits, the property owner/developer shall ensure to the satisfaction of the Fire Department that an all-weather road/driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, before building materials are placed on a building site. Such. routes shall be paved or, subject to approval of the Fire Department, shall otherwise provide adequate emergency access. 10. That prior to issuance of grading and building permits, the property owner/developer shall ensure that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 1 L .That prior to approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. LANDSCAPING -6- PC2006- DRAFT 12. That prior to approval of landscape plans for any areas within seven (7) feet of public sidewalks, unless determined unnecessary by the Department of Public Works, root and sidewalk barriers for trees (with the exception of palm trees) shall be shown on said landscape plans. Prior to final building and zoning inspection, root and sidewalk barriers shall be installed to the satisfaction. of the Department of Public Works. 13. That prior to approval of landscaping plans, the property ownerldeveloper shall indicate on said plans, to the satisfaction of the Planning Department, Planning Services Division and Department of Public Works, Resort Services Division, that all trees planted in the Public Realm will be planted in accordance with the standard City specifications. 14. That prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department, Planning Services Division that all landscaping has been installed in accordance with landscaping plans approved by the City and on file with the Building Division of the Planning Department. Any deviation from the plant palette shown on the approved landscape plans shall be submitted for review and approval by the Planning Department, Planning Services Division. All. irrigation equipment within the setback area shall be fully screened so that the equipment is not visible from the public right-of-way. Prior to final building and zoning inspections for the setback area, additional planting may be required for screening purposes to the satisfaction of the Planning Department, Planning Services Division. 15. That on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems within areas in which dedication has not been accepted by the City, shall be maintained by the property ownerldeveloper in compliance with City standards. 16. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor 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. That prior to approval of landscape plans; plans shall include a note that a licensed arborist shall be responsible for all tree trimming within the Setback Realm. 18. That prior to approval of each Final Site Plan, plans shall show that no less than twenty percent (20%) of the interior courtyards shall be landscaped with a variety of shrubs., groundcover, mature trees and potted plants to create a lush garden environment for the pedestrian (this landscaping is in addition to the required landscaped setback areas; as is measured by shade coverage). Seating areas and decorative features including, but not limited to, interactive and decorative water fountains and works of art, may also be included in this percentage. Adjacent to solid portions of building walls (i:e., where there are no store-front windows), small grouping of trees or shrubs,, raised planters and site furnishings shall be.located to minimize views of blank walls.. 19. That prior to approval of each Final Site Plan, plans shall show that major project entries shall be enhanced with a more densely planted shrub palette utilizing annual color, perennial color and: accent trees, to the satisfaction of the Planning Department. NOISE. 20. That prior to issuance of grading and/or building permits, the property ownerldeveloper shall document on grading andlor building plans that a construction barrier at the construction .project perimeter areas (adjacent to public rights-of-way andlor 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 _7_ PC2006- DRAFT 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. That sweeping operations in the parking facilities and private streets or on-site roadways shall be pertormed utilizing sweeping/scrubbing equipment which operates at a sound level measuring not greater than 60 dBA at the nearest adjacent property line. 22. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetic considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. 23. Prior to issuance of building permits for the parking structures, a note shall be placed on the building plans which states, to the satisfaction of the Planning Department, that, in conjunction with construction of the parking structure, no impact drive piles shall be allowed: PLANNING RELATED 24. That prior to approval of final site plans and issuance of building and grading permits, plans shall be submitted to the Planning Department that document compliance with Specific Plan No. 92-1, as amended.. 25. That each Final Site Plan for the Anaheim GardenWalk project shall be prepared in conformance with Chapters 18.114.040 (Disneyland Resort Specific. Plan) and 18.116.040 (Anaheim Resort Specific Plan) Final Site Plan submittal requirements. Prior to issuance of building permits;: construction plans shall be in substantial conformance with said Final Site Plans: 26. That prior to issuance of building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for City-authorized improvements installed by the property owner/developer. 27. That prior to issuance of building permits, the property owner/developer shall document on building plans, to the satisfaction of the Planning .Department, Planning Services Division, that all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by The Disneyland Resort Specific Plan and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential ortransient-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. That prior to issuance of building permits, the property owner/developer shall document on said plans, to the satisfaction of the Planning Department, Planning Services Division, that all plumbing or other similar pipes and fixtures located on building exteriors shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. That as part of final building and zoning inspections, compliance shall be verified. 29. That the property owner/developer shall be responsible for removal of any on-site graffiti within twenty-four (24) hours of its application. 30. That the conceptual location and configuration of all lighting fixtures including ground-mounted lighting fixtures shall be shown on each Final Site Plan. That :prior to issuance of building permits, plans submitted for building permits shall document, to the satisfaction of the Planning Department, -8- PC2006- DRAFT . 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. That prior to approval of each Final Site Plan, the property owner/developer shall document on plans, to the satisfaction of the Planning Department, Planning Services Division, that building elevations shall show that the rear elevations of buildings visible from a five (5) foot high view point from off-site areas shall be architecturally accented to portray a finished look:. 32. That prior to recordation of a subdivision map, in the event a parcel is subdivided and there is a need for common on-site circulation andlor parking, an unsubordinated covenant providing for reciprocal access andlor 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. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel orvacation resort front setback areas: 34. That in connection with submittal of the first Final Site Plan for Area A, the property owner/developer shall submit a comprehensive sign program. Each subsequent Final Site Plan shall include a sign program that shall be in compliance with the comprehensive sign program and the development standards of the Anaheim GardenWalk Overlay. The comprehensive sign. program shall, at a minimum, include the following:- A. A sign theme/concept which demonstrates an overall appearance, quality and type of sign, banner or other display device; the quality of such signage shallbe 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 he 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 ocher 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 Anaheim GardenWalk property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim.. GardenWalk project) except through the limited view corridors set forth in the Anaheim GardenWalk Overlay (as shown on Exhibit 5.8.3.f.5, titled"Interior Signage and Iconfrhemed 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: 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. 35. Prior to issuance of building permits for the retail and parking structure component of Area A, the property ownerldevelopershsll submit final design plans for the iconlthemed signage element _g_ PC2006- DRAFT indicated on Exhibit No. 5.8.3.f.5 and Exhibit No: 12 of this conditional use permit. 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, withthe 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. That prior to issuance of each sign permit, the property owner/developer/tenant shall submit a letter and plans demonstrating that the sign plans conform with the comprehensive sign program - approved by the Planning Commission and with the business identification sign locations for Disney Way and Katella Avenue, as depicted in Exhibit Nos. 5.8.3.f.6, 5.8.3.f.7, and 5.8.3.f.8 of The Disneyland Resort Specific Plan. 37. That prior to approval of each Final Site Plan, theproperty owner/developer shall submit the anticipated construction schedule for each of the remaining project components by development phase; and that an updated schedule shall be submitted to the Planning Department every six (6) months until the project is completed, or as deemed necessary by the Planning Department. 37. That the property owner/developer shall be responsible for all costs associated with the review of each Final Site Plan application by an architect, licensed by the State of California and selected by the City, to review the Final Site Plan for conformance with Section 5.0 "Design Plan" of The Disneyland Resort Specific Plan. The property owner/developer shall pay all costs associated with this review prior to each Final Site Plan being scheduled for a Planning Commission meeting. 38. That prior to issuance of each building permit for a parking structure, aline-of-sight study shall be submitted for review and approval by the Planning Department which shows that any light poles on the roof-top areas of the parking structure, if proposed, shall not be visible from the adjacent public rights-of-way; as measured from a five (5) foot high view point from adjacent off-site areas. 39. That no exterior-mounted air conditioning facilities for individual hotel rooms or vacation ownership rooms shall be permitted in the Anaheim GardenWalk Overlay. 40. That prior to approval of each Final Site Plan, plans shall show how all on-site service and loading area operations shall be screened from the public rights-of-way to the satisfaction of the Planning Department. 41. That a comprehensive sign program for Area B shall be submitted in conjunction with the first Final Site Plan in Area B for review and approval by the Planning Commission: The comprehensive sign program shall be in compliance with the sign standards and regulations contained within The Disneyland Resort Specific Plan. 42. That subject property shall be developed in substantial conformance with plans and specifications submitted to the City of Anaheim as part of the Final Site Plan review and approval process. The Anaheim GardenWalk project will be developed in accordance with the quality, design and architectural integrity as shown on the illustrative exhibits submitted in conjunction with the Final Site Plan, which illustrative exhibits are on file with the Planning Department. The Final Site Plan exhibits are conceptual and development options included in the project are not all depicted on the exhibits. -10- PC2006- DRAFT POLICE 43. That prior to approval of each Final Site Plan and prior to issuance of each building permit, the . Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. 44. That prior to issuance of the first building permit, the plans which are required to be submitted for the police/security office (to comply with the mitigation measures identified in Modified Mitigation: Monitoring Plan No. 004a) shall make provision for the police/security office in accordance with the requirements of Development Agreement No. 99-01, as amended, to the satisfaction of the Police Department. Plans shall also specifically identify the parking spaces designated for such police/security office. 45. That prior to issuance of building permits for parking structures, plans submitted for building permits shall be approved by the Police Department to ensure that safety and security measures are incorporated, including the use of 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. STREET MAINTENANCE 46. That prior to issuance of building permits, plans submitted for building permits shall document that trash storage areas be provided and maintained in locations acceptable to the Department of Public Works, Streets and Sanitation Division and in accordance with approved plans on file with said. Department. TRAFFIC/CIRCULATION 47. That prior to issuance of building permits, plans submitted for building permits shall be reviewed to ensure thafgates 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 Ptan No. 475 ("Gate Standard for ResidentiallComme~cial/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. That prior to approval of each Final Site Plan, plans for vehicular and pedestrian circulation shall be submitted to the Department of Public Works, Traffic Engineering Division for review and approval showing conformance with Section 5.0 "Design Plan" of the Specific Plan. 49. That prior to issuance bfbuilding permits fdr parking structures, internal signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the Planning Department, Planning Services Division and Department of Public Works, Traffic Engineering Division for review and approval. 50. That prior to issuance of building permits, the property owner/developer shall prepare a plan of operations for review and approval by the Department of Public Works, and shall provide proof of -11- PC2006- DRAFT. their participation in the Anaheim Transportation Network ("TMA") to the Department of Public Works, Traffic Engineering Division. 51. That prior to approval of the Final Site Plan for the area encompassing the driveway for Anaheim GardenWalk adjacent to the driveway for the Super 8 Motel at 415 West Katella Avenue; the Final Site Plan shall show that the driveway has been redesigned to combine the driveways or to meet the distance requirement set forth in The Disneyland Resort Specific Plan (i.e., minimum forty (40) foot wide distance between driveways serving adjacent parcels). If redesigned to combine the driveways, proof of an agreement with the adjacent property owner shall also be provided to the satisfaction of the City Attorney's Office. 52. That prior to approval of the first Final Site Plan for Area A, and prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plan cross-sections (to be shown on the Final Site Plan) to the Department of Putilic 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. 53. That prior to approval of the first Final Site Plan for Area A, conceptual street improvement plans shall be prepared for the construction of a free right-turn lane on the south side of Disney Way from the parking garage driveway exit to Clementine Street (thirteen (13) foot lane width) in order to improve outbound parking structure operations. Prior to the approval of the final subdivision map for Area A; the property owner/developer shall submit final street improvement plans for the construction of the free right-turn lane for review and approval by the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the first final building and zoning inspection for Area A. A portion of the free right-turn lane on Disney Way may be utilized as a bus oading/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. That prior to approval of the first Fihal Site Plan for Area A, the property owner/developer shall submit conceptual stteef 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. That prior to approval of the Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works for construction of a right- turn lane on the south side of Disney Way from Harbor Boulevard to the mid-block project entrance. Prior to the approval of the final subdivision map, or prior to approval of grading plans if a 12- PC2006- DRAFT 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 ownerldeveloper 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. 56. That prior to approval of the first Final Site Plan for Area A, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works, Development Services Division for the interim condi#ion 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. That prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit conceptual street improvement plans to the Department of Public Works, Development Services Division for the ultimate condition to provide duel left turn lanes in Disney Way between the mid-block project entrance and Clementine Street. Prior to the approval of the final subdivision map, or prior to approval of grading plans if no subdivision is proposed for Area B, the property owner/developer shall submit final street improvement plans for review and approval of the Department of Public Works, Development Services Division. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plans for the duel left turn lanes and all costs associated with the construction of the improvements to the satisfaction of the Department of Public Works. These improvements shall be completed prior to the first final building and zoning inspection for Area B. 58. That in connection with submittal of each Final Site Plan application, the property owner/developer shall provide information regarding the ownership and/or long term lease status of each of the underlying parcels, including any airspace or vertical subdivision, of the 29.1 acre Anaheim GardenWalk project (i.e., whether the parcels are owned, leased, under negotiation, etc.) 59. That prior to Planning Commission review of each Final Site Plan, a notice shall be mailed to the property owners within a three hundred (300) foot radius of Anaheim GardenWalk advising them of the Planning Commission meeting.< 60. Prior to issuance of the first grading permit, and updated on a monthly basis during construction, the property ownerldeveloper 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 stree# 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. WATER 61. That prior to issuance of building permits, building plans shall document that water backflow equipment and any other large water system equipment shall be installed behind the Setback Realm area in a manner fully screened from all public streets and alleys. Prior to fihal building and zoning inspections, compliance with this condition shall be verified by the Public Utilities Department, Water Utilitg Division. _13_ PC2006- :DRAFT 62. That prior to issuance of water improvement plans, the property owner/developer shall document on water improvement plans, to the satisfaction of the Public Utilities Department, Water Engineering Division, that water service is available. MISCELLANEOUS 63. That the property owner/developer shall be held responsible for compliance with the mitigation measures and for implementation of the project design features identified in Modified Mitigation Monitoring Program No. 004a in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the Anaheim GardenWalk property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Modified Mitigation Monitoring Program No. 004a. Modified Mitigation Monitoring Program No. 004a, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 64. Prior to approval of each Final Site Plan, the following plans/materials/information shall be provided for review and approval by the Planning Department:. 65. 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-tap 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 planUtree 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 thaFall 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 -14- PC2006- DRAFT trees in the putilic right-of-way parkways. In addition; the walkways shall not preclude the planting of the number of trees required for the setback area by The Disneyland Resort Specific Plan Design Plan: - J. Letter from the property owner/developer indicating how the Final Site Plan is in compliance with The Disneyland Resort Specific Plan requirements and Conditional Use Permit No. 4078, as amended. K. That the lighting fixture plan shall include the style of the fixtures which shall be compatible with the project theme.. L. That any existing adjacent development on the 29.1-acre Anaheim GardenWalk site shall be shown on the site plan or other appropriate plan(s) to clearly illustrate the relationship between the proposed construction on each development phase and existing developmentluses 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 separating said development phases. 66. That if Area B is not developed in accordance with. the Anaheim GardenWalk Overlay, it may be developed in accordance with The Disneyland Resort Specific Plan No. 92-1, District A provisions. 67. That if Area B is developed in accordance with the Anaheim GardenWalk Overlay; prior to approval of a Final Site Plan, the property owner shall demonstrate on plans .and show that development of Area B shall be fully integrated with Area A and thatAreas A and B will be operated as a single integrated project. 68. That prior to advertising for any special event which will draw visitors to the Anaheim GardenWalk project, a special events permit shall be obtained.. : 69. That granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the Anaheim GardenWalk Transportation Analysis Update, dated February 26, 2006, 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 Anaheim GardenWalk Transportation Analysis Update dated February 28, 2006 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. That following completion of construction of the 3,050 space parking structure in Area A, :and on- going during project operation, the property owner/developer shall provide overflow parking to the Anaheim Convention Center in accordance with the "Parking Facilities Operating Lease", as may be amended, as part of the Disposition and Development Agreement by and between Anaheim GW, LLC and the City of Anaheim. " -15- PC2006- DRAFT 71. That prior to approval of the first Final Site Plan for Area B, the property owner/developer shall submit a parking analysis to the Planning Department for review and approval, showing that the proposed number of parking spaces (1;600 spaces in Area B) will be adequate for Area B (i.e., the'" proposed land uses and building areas). Further, because the parking for the Anaheim GardenWalk project may be shared between multiple land uses in Areas A and B, said analysis. shall include information regarding the number of parking spaces, the land uses and the building areas in the previously approved portions of the project. If the parking analysis concludes that additional parking spaces are necessary to accommodate the parking demands of Areas A and B, as well as the overflow parking for the Anaheim Convention Center, as prescribed in the "Parking Facilities Operating Lease", as may be amended, as part of the Disposition and Development Agreement by and between Anaheim GW, LLC and the City of Anaheim, said spaces shall be shown on plans submitted for Final Site Plan approval." 72. That the Anaheim GardenWalk project shall be developed in accordance with the following provisions, as set forth in Development Agreement No. 99-01, as amended: A. The property owner/developer shall obtain approval of Final Site Plans, obtain the. appropriate building and other permits, and commence construction of the retail and parking facility components of the Initial Phase (Area A) on or before February 26, 2007. B. The property owner/developer shall complete the construction of and open the retail and parking facility components of the Initial Phase within a period of two (2) years after commencement of construction of the Initial Phase.- C. The property owner/developer shall obtain approval of Final Site plans, obtain the appropriate building and other permits, and commence construction of any one of the three hotels proposed in Area A within four years of the effective date of the Development Agreement. D. The property owner/developer shall obtain approval of Final Site .Plans, obtain the appropriate building and other permits, and commence construction of each of the remaining project elements within Area A (including the two remaining hotels and vacation ownership resort) at twenty-four (24) month intervals after commencement of construction of fhe immediately prior project element and complete construction and open for business no later than twenty-four (24) months after commencement of construction of that project element. 73. That approval of this conditionalUSe permit is contingent upon the approval and adoptionbf General Plan Amendment No. 2005-00440 and Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1. 74. That the property owner/developer shall construct the Anaheim GardenWalk project in accordance with the following limitations: A. The property owner/developer wilt not seek to change the entitlements for the one thousand six hundred twenty eight (1,628) hotel roomsfsuites 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, -16- PC2006- DRAFT 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. That a public art program shall be installed within the boundaries of the Anaheim GardenWalk. . project. Prior to approval of the first Final Site Plan, the public art element concept (including location, description and budget), shall be submitted to the City of Anaheim for review and , approval. The public art element shall be installed prior to the first final building and zoning inspections for the structures or components in the development phase in which it is proposed to be located, excluding the parking structure... 76. That prior to issuance of any permit by the City of Anaheim for construction of any development within the Anaheim GardenWalk project, all pre-existing land uses; buildings and structures on the property underlying said development phase(s) shall have been removed; and that the property pwnerldeveloper shall have obtained the appropriate permits from the City for the removal or demolition of such buildings or structures. In no event shall any land use, building, structure and/or other improvement approved in connection with the Anaheim GardenWalk project be allowed in addition to pre-existing land uses andlor structures. 77. That the land uses permitted in each development phase shall comply with The Disneyland Resort Specific Plan No. 92-1 document, as amended. 78. That the project development density shall not exceed that which is specified in the City of Anaheim General Plan, Land Use Element, Table LU-4 "General Plan Density Provisions for Specific Areas of the City", and The Disneyland Resort Specific Plan No. 92-1, as amended for the Anaheim GardenWalk Overlay. 79. That prior to issuance of the first building permit or approval of the first grading permit, whichever occurs first, for development that incorporates all or a portion of the following parcel(s), the property owner(s) shall submit a letter to the Planning Department requesting termination of the zoning petitions associated with said underlying parcel(s) (which zoning entitlements are not associated with the Anaheim GardenWalk project), as follows: Pyrovest (Anaheim Plaza Hotel and Suited parcel Variance IJo. 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. That prior to approval of final site plans for any vacation ownership resort units within the Anaheim GardenWalk Overlay, the property owner/developer shall submit information to the Planning Department indicating the. provision of facilities, amenities, or design features usually associated with hotels (for example, lotibies, 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 Master Lease shall be submitted to the Planning Department and the City Attorney's Office far.review and _17_ PC2006- DRAFT 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 Resprt Specific Plan and the City of Anaheim General Plan. The CC&Rs and Master Lease shall riot 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 ahd 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: 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 Fate 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. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations: Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement: BE JT FURTHER RESOLVED that the Anaheim City 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 adopted in connection with ConditibnalUse Permit No. 4078. 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.: BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal -18- PC2006- DRAFT. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _~ g_ PC2006- DRAFT RESOLUTION NO. PC2006- A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING, AND RECOMMENDING TO THE CITY COUNCIL, THAT THE APPLICANT HAS DEMONSTRATED ELIGIBILITY TO ENTER INTO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (ALSO KNOWN AS AMENDMENT NO. 3 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01) BY AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW, LLC, AND THAT THE AGREEMENT MEETS THE CRITERIA SET FORTH IN THE PROCEDURES RESOLUTION NO. 82R-565 WHEREAS, Article 2.5 df Chapter 4 of Division T of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a development agreement with any person having a legal or equitable interest ih real property for the development of the property as provided in said Statute; and WHEREAS, the City of Anaheim (hereinafter the "City") heretofore do November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the Statute; and - WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute., the City.: heretofore on November 23, 1982; adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolutioh") establishing procedures and requirements for the consideration of development agreements upon receipt of ah application by the City; and WHEREAS, pursuant to Section 65864, et seq. of the Statute, the City of Anaheim and Excel Pointe Ahaheim, LLC heretofore entered into that certain Development Agreement No. 99-01 dated as of July 29; 1999 to vest certain project entitlements and further address the implementation of the Anaheim Ga~denWalk project (formerly kndwhas the Pointe Anaheim project); and WHEREAS, on March 19, 2002, the City Council did, by its Ordinance No. 5808, (i) approve the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Exdel Pointe Anaheim; LLC; regarding certain regulations that will govern construction of the Anaheim GardenWalk project (formerly known as the Pointe Anaheim project); (ii) make certain findings related thereto, and (iii) authorize the Mayortd execute said agreement for and on behalf of the City; and WHEREAS, on January 11,2005, the City Council did, by its Ordinance No. 5953, approve Amendment Nd: 1 to the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC, as successor-in-interest to Excel Pointe Anaheim, LLC, and amend subsection 1.43 of Section 1 (Definitions) of the Development Agreement to define the "Outside Initial Phase Commencement Date" to mean February 26, 2006; and WHEREAS, on January 31, 2006, the City Council did, by its Ordinance No. 6015, approve Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC,. and amend subsection 1.43 of Section 1 (Definitions) of the DevelopmenfAgreement to define the "Outside Initial Phase Commencement Date" to mean February 26, 2007; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Muhicipal Gode, William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 td The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a doc -t- PC2006- DRAFT waiver of minimum number of parking spaces).for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further , described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, on December 12, 2005, the Planning Commission, by motion, dilly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The pisneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW; LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Anaheim GW, LLC, ("Applicant"), submitted ah application to the Planning Department for approval of Second Amended and Restated Development Agreement No: 99-001 (also kribwn as AmendmenfNo. 3 to the First Amended and Restated Development Agreement No. 99-01)'(the "Development Agreement"), to vest certain project entitlements and further address the implementation of the Anaheim GardenWalk project, as it is proposed to be modified including development in two areas (Areas A and B) (the Development Agreement is provided as Exhibit A of this Resolution and is incorporated herein); .and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code; William Stone, as authorized agent for Anaheim GW, LLC, in connection with a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to the First Amended and Restated Development AgreementNo: 99-01) by and between the City and Anaheim' GW, LLC, submitted applications fbr General Plan Amendment No. 2005- 00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment to Conditional Use Permit No. 4078 {including a waiver of minimum number of parking spaces), Tentative Parcel Map Nd. 2002-205 and Final Site Plan No. 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by acid between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council, all of which appAcations pertain to amendments to the Anaheim GardenWalk projectfor the 20.3 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay under the ownership andlor control of Anaheim GW; LLC (hereinafter referred to as the "Proposed Project Actions"); and WHEREAS, the Anaheim GardenWalk Project area consists of approximately 29.1 acres having approximate frontages of 1,50Q feet on the sduth sidebf Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet do the north side of Katella Avenue between Clementine Stree[ and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney W ay and a point 615 feefsouth of the centerline of Disney Way; that the one parcel riot currently under the direct control of the developer consists of the 8.87-acre Pyrovest Anaheim Plaza Hotel and Suites parcel (1700 South Harbor Boulevard); and that the property which is the subjectbf the Second Amended and Restated Development Agreement No. 99-01 is'shown'as Area A on Exhibit A of the attachedbevelopment Agreement; and WHEREAS, pursuant to Section 65867 of the Statute and Section 2.1 of the Procedures Resolution, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Cduncil Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on March 6, 2006, at 2:30 p.m., notice of said putilic hearing having been duly given as required by law, tq hear ahd'consider evidence for and against said Second Amended and Restated Development Agreement No. 99-01 and the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration dated February 22, 2006, and Modified Mitigation Monitoring Plan No. 004a, and to investigate and make findings and recommendations in connection therewith; and doc _Z_ PC?006- DRAFT WHEREAS, the applicant has demonstrated that it meets the eligibility requirements of Section 1.3 of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Anaheim GardenWalk Project will result in the construction of up to 569,750 square feet' of specialty retail, restaurants, and entertainment uses, 1;628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; amult-plex movie theater; a , . transportation center, and 4,800 parking spaces and 15 bus spaces,`and WHEREAS, the Development Agreement implements The Disneyland Resort Specific Plan No. 92-1, as,proposed to be amended (Amendment No. 6) and Conditional Use Permit No. 4078, as proposed to be amended; and WHEREAS, on March 6, 2006 the Planning Commission, by its Resolution No. PC2006- _, recommended that the City Council adopt Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1; that the amendment is consistent with The Disneyland Resort Specific Plan goals and policies and the Anaheim General Plan, as amended by General Plan Amendment No. 2006-00440; that the amendment provides for the same types of land uses currently permitted or conditionally permitted by The Disneyland Resort Specific Plan for the project site; and that the amendment is compatible with the existing, approved and proposed visitor-serving uses in the surrounding Anaheim Resort Area; and WHEREAS, on March 6, 2006 the Planning Commission, by its Resolution No. PC2006- _, approved Amendment to Conditional Use Permit No. 4078 to modify the land uses and maximum gross square footages of the Anaheim GardenWalk Project including development in two areas (Areas A and B), to modify the waiver of minimum number of parking spaces, and to amend the conditions of approval to reflect the project modifications; and WHEREAS, the findings made by the Planning Commission in its Resolution No. PC2006-_ demonstrate that the Development Agreement is consistent with the above-noted Development Agreement criteria set forth in the Procedures Resolution, specifically that the Agreement is consistent with the General Plan and The Disneyland Resort Specific Plan, as proposed for amendment; compatible with the uses authorized in and the regulations prescribed for in The Disneyland Resort Specific Plan, as proposed for amendment; and compatible with the orderly development of property in the surrounding area; and, further, that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration dated February 22, 2006, with Modified Mitigation Monitoring Plan No. 004a, includes a full analysis of the Anaheim GardenWalk Project which is discussed in the environmental impact analysis section of the March 6, 2006 Staff Report to the Planning Commission; and WHEREAS, pursuant to the Procedures Resolution, the Planning Commission, after due consideration, inspection., investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, and further based upon the foregoing recitals, does hereby find that the proposed Development Agreement is: 1. Consistent with the General Plan of the City of Anaheim as amended by proposed General Plan Amendment No. 2005-00440 (Resolution No. PC2006-T) and The Disneyland Resort Specific Plan No. 92-1 as amended by proposed Amendment No. 6 (Resolution No. PC2006-_); and 2. Compatible with the uses authorized in and the regulations prescribed for in the applicable zoning district; and 3. Compatible with the orderly development of property in the surrounding area; and 4. Not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including Second Amended and Restated .doc -3- PC2006- DRAFT Development Agreement No. 99-01, and did find and determine and recommend that the City Council find and determine by its Planning Commission Resolution No. 2006-_, pursuant to the provisions of the _ .,._. a i orrna Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Program Nn. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend to the City Council that the applicant has demonstrated eligibility to enter into the Second Amended and Restated Development Agreement No. 99- 01; and that the Development Agreement meets the criteria set forth in the Procedures Resolution. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE. ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .doc -4- PC2006- DRAFT Exhibit A Second Amended and Restated Development Agreement No. 99-01 between the City of Anaheim and Anaheim GW, LLC PC2006- .doc -5- PC'200G WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk 200 S. Anaheim Blvd. Anaheim, CA SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-1 ', (also known as "Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01") BETWEEN THE CITY OF ANAHEIM AND ANAHEIM G W, LLC DOCSOC/115391 Ov8/022621-0078 TABLE OF CONTENTS Paee 1. DEFINITIONS ............................................................................................... ..................::::.....4 2. PROPERTY, PURPOSE AND INTENT .................:..................................... ...........,...:......... 14 2.1 Property Description ................................................................................ .........................14 2.2 City Objectives ......................................................................................... .........................14 2.3 Developer Objectives ............................................................................... .........................15 2.4 Representation of Fee Simpte or Equitable Ownership ........................... ......................... IS 2.5 Mutual Objectives .................................................................................... .........................15 3. AGREEMENT AND ASSURANCES ........................:........,......................... ......................... IS 3.1 Agreement and Assurance on the Part of Developer ............................... .........................15 3.1.1 Development Assurances ............................................................ .........................15 3. ].2 Effect of Delayed Performance .................................................. ..........................16 3.1.3 Landscaping and Lighting District ............................................. ..........................17 3.2 Agreement and Assurances on the Part of the City ................................. ........:....,............ 17 3.2.1 Entitlement to Development ....................................................... .......................... 17 3.2.2 Changes in Applicable Rules ...................................................... ..........................17 3.2.3 Agreed Changes and Other Reserved Powers ........................:... ..........................18 3.2.4 Subsequent Development ........................................................... .......................... ] 8 3.2.5 Effective Development Standards .............................................. ..........................18 3.2.6 Timing, Sequencing and Phasing of Development ..................... ..........................18 3.2.7 Impact Fees; Credit for Developer Installed Facilities ............... ..........................19 3.2.8 Condominium Hotel ................................................................... .......................... 19 3.3 Processing Fees, Extraordinary Processing Consultant, Charges and Environmental Review .................................................................................................... ...................:...... 19 3.3.1 Processing Fees and Charges.....: ................................................ ..........................19 3.3.2 Extraordinary Processing Consultant ......................................... ..........................19 3.3.3 Environmental Review .....................................:........................ ...........................19 4. DEVELOPMENT PLAN .:....:....:...:..........:...:.................... ........: ... ..:... ...:.......... 20 4. ] Right to Develop Property .............:...:..................................................: ...:..:........:........... 20 4.2 Phased Development ::...........................:................................................ ...........................20 5. ANNUAL REVIEW; REIMBURSEMENT; DEFAULT; TERMINATION, AMENDMENT OR MODIFICATION; MANDAMUS; SPECIFIC PERFORMANCE ....... ........::..:...:........,.20 5.1 Annual Review ......:...............................................................:.:..:.......:.:. .......:...:...............20 5.2 Reimbursement of Costs ........................................................................ ..::........:.............. 20 5:3 Default by Developer..: ............:....:................................................:...:... ..:..,......:..............20 5.3.1 Default ..............................................:...........,............................ ...........................20 5,3.2 Notice of Default ......:............................................:....:.:............ ..........::...............21 5.3.3 Termination for Failure to Cure Default ......................:..:......:... :...:......................21 5.3.4 Specific Perfor[nance .:...................:.............................:.:........... ..:.......:................21 5.4 Default by City ................:..:.................................................................. ..........:.................22 5.4.1 Notice of Default ...................................................................... ............................22 5.4.2 Specific Performance and Mandamus :.......................:............. .:...:......................22 DO C SOC/ 1153910v8/022621-0078 6. 7 PUBLIC BENEFITS ..........................:..:.......::.:............:........................ 23 6.1 .......... Removal ofBlight ...................................................................................... ..............,,....... .......................23_ 6.2 Net Increase in Transient Occupancy Tax ................................................. .......................23 6.3 Increase in Retail Sales Taxes ............................................................... 23 6.4 ..... Increase in Property Taxes ...........................:.........................................:.:. ....................... .....:.................23 6.5 Resort Area Traffic Improvements ..........................,..................,.........,... .................,..... 23 6.6 Police Substation .............................................:....:..:..::..:.:...:......:...,......:... .......:....:..........23 GENERAL PROVISIONS .............:....:..........:.........................................:.:....: :.:.:,.................23 7.1 Date Agreement Becomes Effective ....................................:...................... ........: 23 7.2 Term.........: ...........................::..........:.J..:.:...:...............,...:.......................:.. ............. .........:............24 7.2.1 Basic Term ...................................:......:........................................... ..:.:...:::........... 24 7.2.2 Early Termination of Agreement .................................................... ......................24 7.3 Force Majeure; Extension of Time of Performance .:...........:.:....:..::.......:..: ..:..:.......:........24 7.4 Applicable Law .......................................................:..:.:...:...:..:.....:...:..:...::: ...:.:...:..:.........25 7.5 Amendments ......................:..............................:....:....:..:.....:..... : : :::::: :: 25 7.6 .. .. . . . Assignment ......................................:.....:.:...............:.:...:..:.:..:...........:...:.::.. ...................... ................ 25 7.7 Mortgage Rights ........................................:...:...:......:::....:....:.:...:.:.:...:::..:... ...... ...,..................26 7.7.1 Encumbrances on the Anaheim GardenWalk Property and this Agreement........ 26 7.7.2 Mortgagee Protection .........................:..:..:..:::......:..:..:..:....:::...:..... ....,.........:.:.....26 7.7.3 Mortgagee Not Obligated .......................:..:.:..:...::..:........:......:....... ................:.....2b 7.7.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure :...... ...................... 27 7.7.5 Bankruptcy ...............................................:.:...:::.:....::::..:.....:.:::...:.. ......,.....:.........28 7.7.6 Termination Subject to Mortgagee Rights :..:.:.:..:.:.....:..:...........:.... :.....................28 7.7.7 No Cancellation:.: ..:..:...::::...:...:.....:...........:.:.....:.:..::...:..:...........::.. ......................28 7.7.8 New Agreement Upon Default....::...:.::..::.'..:: .:.......:.....:...: :.................20 7.7.9 Separate Agreement ............................................:.::...:.....:.::.:....,:... :.....................29 7.7.10 Material Notices......:.:: :...:........:.::......:.::.:.......:,...:...::....:..::.......:.. ::.:,..:.:............ 30 7.7.11 Mortgagee Right to Assign .:................:.......................................... ...:..:...............30 7.7.12 Conflicts with Disposition and Development Agreement :.:.:.......:. ............:......... 30 7.8 Covenants ......................................................:::......,:.:.....:.::.......:..:::.::.:..:... ......................30 7.9 Implementation ..............................:.........:...............:.......:................:..:....:.. ..................... 30 7.10 RelationshipoftheParties ................:......::..................:............................... .....................30 7.11 Cooperation in the Event of Third Party Litigation ..................................... ..................... 31 7.12 Notices ...............::.............................................................:.........:...........:.... ..:....:.............31 7..13 Recordation ..........:...:............................................................:.::.:.....:........... .......::,..,........32 7.14 Developer Hold Harmless ........................:................................................... .....................33 7.15 Insurance ::...........::...:...:.:....,.....:.....:................:::.:......:....:.:......:..........:.,..... ....:.........,...... 33 7.16 Successors and Assigns ............................................::.....:...:...............::.:..... ..:..................34 7.17 Severability .............:........................................................................:........... .....................34 7.18 Time of the Essence .................................................:...........:..............:........ .....................34 7.19 Waiver ....:............:....:........................:............................................:....:.......... ....::..:.............34 7,20 Third Party Beneficiaries ......................................................................:...... .....................34 7.21 Expedited Processing ...........................................................................:...:... .....................34 7.22 Requests for Payment ........................:.................:..........:.................:..:........ ..................... 34 7.23 Entire Agreement .......................................................:..:.............,............:... .................,...35 7.24 Conflict of Laws ........................................................................................... :....................35 7.25 Legal Advice; Neutral Interpretation; Headings and Table of Contents ...... ..................... 35 7.26 Counterparts .........................................................:....................................... .....................35 _ii_ DOCSOC/ 1153910v8/022621-0078 SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND ANAHEIM GW, LLC This Second Amended and Restated Development Agreement No. 99-01 ("Agreement") is made and entered into as of this day of 2006, by and between the City of Anaheim, a charter city and a municipal' corporation duly organized and existing under the Constitution and the .laws of the State of California ("City"), and Anaheim GW, a Delaware limited liability company ("Developer"), pursuant to the authority set forth in section 65867 of the California Govemment Code, and the general authority set forth in section 65864 et seq. of the Government Code (the "Development Agreement Act"), the City's inherent power as a charter city, section 18.04.120 of the Anaheim Municipal Code (the "Enabling Ordinance"), and the Development Agreement Act implementing procedures adopted by the City in Resolution No.82R-565 (the "Procedures Resolution"). This Agreement amends and restates in its entirety Development Agreement No. 99-01 by and between the City of Anaheim and Excel Pointe Anaheim, LLC, (the "Original Developer") dated as of July 29, 1999; as amended and restated by the Firsf Amended and Restated Development Agreement No. 99-01 dated February 26, 2002; as amended by Amendment No. l to First Amended and Restated Development Agreement dated December 1, 2004 and further amended by Amendment No. 2 to First Amended and Restated Development Agreement dated December 1; 2005 (collectively the "Development Agreement, as Amended"). The City consented to the assignment and assumption of the Development Agreement, as Amended from Original Developer to Developer pursuant to Amendment No. 2. The definitionScontained in Section 1 shall apply to the entire Agreement, including the RECITALS. RECITALS A. Developer has proposed development of the Project in two (2) Phases on the Anaheim GardenWalk Property depicted as Area A and Area B on the Site Map (Exhibit A to this Agreement). Area A will include Retail No. 1, Parking Structure No. 1, Vacation Ownership Resort No. 1, Hotel No. 1, Hotel No. 2, and Hotel No. 3, as shown on the Site Map. Area B will include Hotel No. 4, Retail Uses No. 2, Vacation Ownership Resort No. 2 and Parking Structure No. 2, as shown on the Site Map: B. The City and Developer recognize that development of the Project will create significant opportunities for economic growth in the.City and the region; and C. The Project will provide new hotels, retail and entertainment uses in The Disneyland Resort Specific Plan Geographic Area which will provide new General Fund revenues intended to offset incremental City costs associated with such uses; and D. The Project will provide development Fees and a financing vehicle for improvements to the public infrastructure which will provide area-wide benefits for The Disneyland Resort Specific -1- DOCSOC/1153910v8/022621-0078 Plan, Anaheim Resort Specific Plan and Hotel Circle Specific Plan geographic areas, as well as provide infrastructure, parking and other public facilities needed to support the Project; and E. Developer, in consideration of the benefits and opportunities provided to Developer by the Existing Approvals and the cooperation and assistance of the City in connection therewith, will provide assurances to the City that the public infrastructure, amenities and design features of the Project are implemented in a timely manner as set forth in the Existing Approvals and; F. In order to provide certainty and render development of the Project more feasible in light of the large capital investment and time necessary to coordinate and implement the Project, Developer requires assurance from the City that the governmental entitlements to use contained in the Existing Approvals shall, to the extent specified herein, not be amended or supplemented or burdened with fees,. burdens and exactions not otherwise permitted by this Agreement; and G. beveloper also recognizes and agrees that in extending these benefits to Developer, the City must retain the Reserved Powers; and H. The City has evaluated previously certified EIR No. 311 and the Addendum thereto approved by the City od October 8, 1996, which environmental documents formed the basis for "tiering" as provided for in CEQA, and, in connection therewith, has required of Developer additional technical studies to assess potential impacts of the Project, which studies concluded that the Project will not result in any significant environmental impacts after implementation of the Mitigation Measures; On June 22, 1999, the City Council, following a noticed public hearing, .approved Mitigated Negative Declaration/Mitigation Monitoring Plan No. 004; On July 13, 1999, the City Council, following a noticed public hearing, approved General Plan Amendment No. 359; Amendment No.4 to the Disneyland Resorr Specific Plan No.92-1; Conditional Use Permit No. 4078; Amendment to the Anaheim Resort Public Realm Landscape Program; and Development Agreement No. 99-01; On February 26, 2002, the City Council, following a noticed public hearing, .approved the Addendum to the Pointe Anaheim Mitigated Negative Declaration/Nlodified Mitigation Monitoring Plan No. 004; General Plan Amendment No. 393; Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1; Amendment to Conditional Use Permit No. 4078; Amendment No. 3 to The Anaheim Resort Public Realm Landscape Program; and the First Amended and Restated Development Agreement No. 99-1. The entitlements and environmental document described in this RECITAL H are hereinafter referred to as the "Prior Approvals"; and L Developer has proposed to amend the Prior Approvals to reflect the revised land uses, which uses are shown on the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a ("Second Addendum"), which uses will be constructed in up to two (2) Phases on those portions of the Anaheim GardenWalk Property designated as Area A and Area B; and J. On , 2006, following a noticed public hearing, the City Council took the following actions to amend the above referenced Prior Approvals, which Prior Approvals, together with the following entitlements and environmental documents, are hereinafter referred to as the "Existing Approvals: (1) Determined that the Second Addendum, together with prior environmental documentation reviewed by the City Council, are adequate to serve as the required environmental documentation for the Project; -2- DOCS OC/ 1153 910v8/022621-0078 (2) Approved General Plan Amendment No. 2005-00440; (3) Adopted Amendment No. 6 to the Disneyland Resort Specific Plan No. 92-1; (4) Amended Conditional Permit No. 4078; (5) Approved Tentative Parcel Map No.2002-205; and (6) Approved Final Site Plan No.2006-00002'. K. City and Developer desire to enter into this Agreement in order to assure development of the Anaheim GardenWalk Property in accordance with the Existing Approvals and provide for vesting of same For the Term of the Agreement, to assure the City of installation of the public infrastructure, including public parking facilities; amenities and design features of the Project in accordance herewith and as described in the Existing Approvals; and L. On ,2006, the Planning Commission, held a duly noticed public hearing regarding this Agreement and environmental documentation related thereto, and at the conclusion of such hearing, and after consideration of evidence and testimony submitted by City staff, the Developer and all interested' parties, adopted a Resolution recommending that the City Council approve the Agreement; and M. The City hereby finds that this Agreement and the Existing Approvals are consistent with the City's General Plan and the Disneyland Resort Specific Plan as amended, and that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration satisfies all requirements of the California Environmental Quality Act and the State CEQA Guidelines with respect to this Agreement and the Project; and N. On 2006, the City Council held a duly noticed public hearing regarding this Agreement and, at the conclusion of the hearing, and after considering the recommendation of the Planning Commission, the evidence and testimony submitted by City staff, the Developer-and all other interested parties, introduced Ordinance No:"_ approving this Agreement on and adopted Ordinance No: on ;and WHEREAS, for the foregoing reasons, the Parties desire to enter into this Agreement: NOW, THEREFORE, in consideration of the promises and mutual promises and covenants herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: 1. DEFINITIONS. 1. L "Addendum" means the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration mitigation monitoring plan No. 004 dated October 29, 2001., as revised February 21, 2002.. 1.2 "Affiliate of Developer" or "Affiliate" means. a sole proprietorship, limited liability company, partnership, limited partnership, joint venture, trust, unincorporated organization, association, corporation, institution, or any other entity owned and controlled by the Developer. -3- DOC SDC/ 1153910v 8/022621-0078 1.3 "Agency" means the Anaheim Redevelopment Agency. 1.4 "AMC" means the Anaheim Municipal Code. ].5 "Anaheim GW, LLC" is a Delaware limited liability company the members of which are PCCP SG Anaheim, LLC, a Delaware limited liability company and Anaheim Development, LLC, a Nevada limited liability company... 1.6 "Anaheim GardenWalk Overlay" means those regulations and guidelines established by Amendment No. 4, Amendment No. S and Amendment No. 6 to The Disneyland Resort Specific Plan which provide for the development of the Project. 1.7 "Anaheim GardenWalk Property" means that real property owned in fee, equitably owned, under Lease or option. by Developer, or an Affiliate of Developer,. within the geographic area encompassed by the Anaheim. GardenWalk Overlay together with any. additional property acquired in fee or by Lease by Developer within the Anaheim GardenWalk Overlay geographic area following the Effective Date and annexed to the Anaheim GardenWalk Property in accordance with the provisions of Section 2.1, 1.8 "Anaheim Resort" means the area of approximately 1,078 .acres in the City which is designated in the General Plan for Commercial Recreation land uses. The Anaheim Resort. encompasses The Disneyland Resort Specific Plan No. 92-], the Anaheim Resort Specific Plan No. 92-2, and Hotel Circle Specific Plan No. 93-1 geographic areas. 1.9 "Anaheim Resort Specific Plan" means the Anaheim Resort Specific Plan No. 92-2, as amended from time to time by the City.: 1.10 "Annual Review" means the annual review process as described in Section 5 of this Agreement.. L11 "Applicable Rules" means (subject only to the qualifications set forth herein with respect to Fees and excluding the Reserved Powers) the rules, regulations, ordinances and officially adopted plans and policies of the City in force as of the Effective Date, including without limitation, General Plan Amendment Nos. 359 and 393, The Disneyland Resort Specific Plan and the remainder of the Existing Approvals..: Notwithstanding this Section 1.11 or .any other provision of this Agreement (i) all duly adopted codes, regulations, specifications and standards regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the plans for such public works facilities are being processed for approval and/or under construction, and (ii) except as expressly set forth in this Agreement with respect to Impact Fees and Processing Fees and Charges applicable to the Project, Applicable Rules shall mean and include only those Fees in effect as of the Effective Date. 1.12 "Approved Plans" means the preliminary conceptual design and configuration of the Project, including elevations and renderings approved by the City Council on , 2006 and contained in Exhibit Nos. _ of Conditional Use Permit No. 4078, as amended. Where such plans conflict with referenced design documents required by the Disposition and Development Agreement ("DDA"), the DDA shall control: -4- DOCSOC/1 153910v8/022621-0078 1.13 "Area A" or "Area A Property" means the property shown on the Site Map as Area A. . 1.14 "Area B" or "Area B Property" means the property shown on the Site Map as Area B. 1..15 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code sections 21000 et seq.), the State CEQA Guidelines (Cal. Code of Regs., Title 14, section 15000 et seq.) and City CEQA Guidelines. 1.16 "City Agency" means each and every agency, department, board, Commission, authority, employee, and/or official acting under the authority of the City, including without limitation, the City Council and the Planning Commission, but excluding the Agency. 1.17 " "City Attorney" means the City Attorney of the City. 1.18 "City Council" means the City Council of the City. 1.19 "City Manager" means the City Manager of the City. 1.20 "Commencement of Construction" or "Commence(s) Construction" means commencing vertical development after the completion of foundations. Commencement of Construction shall not be deemed to have occurred unless such construction is diligently completed within the applicable Construction Period. 1.21 "Completion of Construction" or "Complete(s) Construction" means the date on which the Project Architect certifies completion of the respective Project Element.: 1.22 "Conditions of Approval" means those conditions of approval for the Project adopted in connection with the granting of the Existing Approvals. 1.23, "Condominium Hotel" means a facility meeting the definition of a Hotel with. ownership structured as a condominium (nonresidential), cooperative or other ownership/financing. arrangement as determined by the Planning Director to be similar in function and operation to a condominium or cooperative, but shall not include Vacation Ownership Resort Units; and shall be deed restricted to limit owner occupancy to a maximum of two (2) weeks per year. 1.24 "DDA" means the Disposition and Development Agreement entered into by and between the City and Original Developer dated January 2, 2002, and amended on December 14, 2004 and January 31, 2006 and as may be amended from time to time hereafter. 1.25 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of the City and/or any City Agency in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City and/or any City Agency to determine whether there has been compliance with statutes, ordinances or regulations. Discretionary Actions shall not include any Ministerial Permits and Approvals. 1.26 "Effective Date" means the date on which the City executes this Agreement. -5- DO C SOC/ 1153910v 8/022621-0078 1.27 "Existing Approvals" means those approvals described in Recital 7. 1.28 "Extraordinary Processing Consultant" means a consultant selected by the City to coordinate and expedite processing of applications for all or any Ministerial Permits and Approvals and all or any Discretionary Actions applicable to the Project at the expense of Developer. 1.29 "Fees" means any fees or charges imposed or collected by the City as of the Effective Date other than (i) Impact Fees, Processing Fees and Charges and (ii) fees collected and/or imposed by the City for the benefit of public agencies other than the City. 1.30. "General Plan" means the General Plan of the City. 1.31 "Hotel"means any structure or portion thereof, which is occupied by persons for lodging or sleeping purposes For periods of less than thirty consecutive days including, without limitation, any hotel, bachelor hotel, motel, Condominium Hotel, lodging house, rooming house, bed and breakfast inn, apartment house, dormitory, Vacation Ownership Resort, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, and any space., lot, area or site in any trailer court, camp, park, or lot which is occupied or intended or designed for occupancy by a tent, trailer, recreational vehicle, mobilehome, motorhome, or other similar conveyance, where such structure, space, lot, .area or site is occupied by persons for lodging or sleeping purposes for periods of less than thirty consecutive days. 1.32 "Hotel No. 1" means that certain Hotel containing approximately 300 Hotel Rooms to be constructed by the Developer in accordance with the Existing Approvals in the location shown on the Site Map. Hotel No. 1 shall not be a Vacation Ownership Resort. 1.33 "Hotel No. 2" means that certain Hotel containing approximately 200 Hotel Rooms to be constructed by the Developer in accordance with the Existing Approvals in the location shown on the Site Map. Hotel No. 2 shall not be a Vacation Ownership Resort. 1.34 "Hotel No. 3" means that certain Hotel containing approximately 366 Hotel Rooms to be constructed by the Developer in accordance with the Existing Approvals in the location shown on the Site Map. Hotel No. 3 shall not be a Vacation Ownership Resort. 1.35 "Hotel No. 4" means that certain Hotel containing approximately 262 Hotel Rooms, to be constructed by the Developer in accordance with the Existing Approvals in the location. shown on the Site Map. 1.36. "Hotel Room" means a Hotel guest room or suite as defined in Section,18.114.030.0602 or 18.1]4.030.0603 of The Disneyland Resort Specific Plan as of the Effective Date. 1.37 "Impact Fees" means impact fees, linkage fees, exactions, fair share charges or other similar impact fees orcharges imposed on and in connection with new development on a city-wide basis by the City pursuant to rules, regulations, ordinances and policies of the City. 1.38 "Initial Phase" means the development of Area A. -6- DOCSOC/1153910v8/022621-0078 1.39 "Inspections" means all field inspections and reviews by City officials during the course of construction of the Project and the processing of certificates of occupancy (permanent or temporary). 1.40 "Institutional Lender" means any of the following institutions having assets or deposits in the aggregate of not less than One Hundred Million. Dollars ($100,000,000): a Califomia chartered bank; a bank created and operated under and pursuant to the laws of the United. States of America; and "incorporated admitted insurer" (as that term is used in Section 1100.1 of the California Insurance Code); a "foreign (other state) bank" (as that term is defined in Section 1700(1) of the Califomia Financial Code); a federal savings and loan association (Cal. Fin. Code Section 8600); a commercial finance lender (within the meaning of Sections 2600 et seq. of the Califomia Financial Code); a "foreign (other nation) bank" provided it is licensed to maintain an office in California, is licensed or otherwise authorized by another state to maintain an agency or branch office in that state, or maintains a federal agency or federal branch in any state (Section 1716 of the Califomia FinanciaP Code); a bank holding company oY a subsidiary of a bank holding company which is not a bank (Section 3707 of the California Financial Code); a trust company, savings and loan association, insurance company, investment banker; college or university; pension or retirement fund or system, either governmental or private, or any pension or retirement fund or system of which any of the foregoing shall be trustee, provided the same be organized under the laws of the United States or of any state thereof; and a Real Estate Investment Trust, as defined in Section 856 of the Internal Revenue Code of 1986, as amended, provided such trust is listed on either the American Stock Exchange or the New York Stock Exchange. 1.41 ' "Landscaping and Lighting District" means that Anaheim Resort Landscape and Lighting Maintenance District established by the City pursuant to the provisions of the California Streets and Highways Code, for the purpose of funding maintenance costs, above the City's standard level, for entry monumentation, decorative lighting, bus shelters, enhanced landscaping, benches, kiosks and other street features in public rights-of--way within the Anaheim Resort. 1.42 "Lease" means a ground lease having a base term of thirty-five (35) years or longer, not including optional terms or extensions. 1.43 "Legal Description" means the legal description of the Anaheim GardenWalk Property attached hereto as Exhibit B and incorporated herein by reference, separately describing the Area A Property and the Area B Property. 1.44 "Litigation" means any lawsuit (including across-.action) filed against the City and/or Developer which challenges the validity, implementation or enforcement of, or seeks any other remedy directly relating to, all or any party of the Existing Approvals, this Agreement or the DDA. 1.45 "Ministerial Permits and Approvals" means the nondiscretionary permits, approvals, plans, inspections, certificates; documents andlicenses required to be taken, issued or approved by the City in order for Developer to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, and other similar permits and approvals. -7- DOC SOC/ 1153910v 8/022621-0078 1.46 "Mitigation Measures" means those Mitigation Measures set forth in the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004a, as amended, adopted„and.... addended by the City on February 26, 2002 and , 2006. 1.47. "Mitigated Negative Declaration" or "MND" means the Mitigated Negative Declaration approved by the City on June 22, 1999, by City Council Resolution No. 99R=133, the Addendum thereto, approved by the City on February 26, 2002, by City Council minute order and the Second Addendum thereto, approved by the City on 2006, by City Council Resolution No. 1.48 "Mortgage" means an instrument or instruments securing one or more financings by the Developer with respect to the construction, development, use or operation of the Project, and includes whatever security :instruments are used in the locale of the Project, including,... without limitation, mortgages, deeds of trust, security deeds, and conditional deeds, as well as financing statements, security agreements and other documents required pursuant to the Uniform.. Commercial Code. 1.49. "Mortgagee" means one or more. Institutional Lenders holding a beneficial interest and secured position under any Mortgage which have notified City , in writing, of its request for notice under the provision of Section 7.7 hereof. 1.50 "Open(s) for Business" means the day on which the specific Project Element opens for business to the general public or, in the case of Retail No. 1, means the day on which sixty five percent of Retail No. 1 (based on square footage) opens for business to the general public. 1.51 "Outside Initial Phase Commencement Date" means February 26, 2007. 1.52 "Parking Structure No. 1" means approximately 3,050 parking spaces to be constructed by the Developer in accordance with the Existing Approvals in the location shown on the Site Map. 1.53 "Parking Structure No. 2" means approximately 1b00 parking spaces to be constructed by the Developer in accordance with the Existing Approvals in the location shown on the Site Map. ].54 "Parties" means collectively Developer and the City. 1.55 "Party" means any one of Developer or the City, 1.56 "Phases" or "Phasing" means the development of Area A as the initial Phase and the development of Area B as the second phase. 1.57 "Plaintiff' means any party seeking relief of compensation through Litigation, whether as plaintiff, petitioner, cross-complainant or otherwise. 1.58 "Planning Commission" means the Planning Commission of the City. 1.59 "Planning Director" means the Planning Director of the City. .g_ DOCSOC/1153910v8/022621.0078 1.60 "Processing Fees and Charges" means all processing fees and charges required by the City including, but not limited to, fees and charges for land use applications, Project permits, building applications, building permits, grading permits, encroachment permits, tract or parcel maps, lot line adjustments, air right lots; street vacations, certificates of occupancy and other similar permits. Processing Fees and Charges shall not include Impact Fees: 1.61 "Project" means the mixed use, multi-phased Project and those uses identified and described in the Existing Approvals and as shown on the Site Map. 1.62 "Project Architect" means the architect designated by the Developer as responsible for the design and construction supervision of each Project Element. 1.63 "Project Element(s)" means the specific land uses permitted by the Existing Approvals and other accessory uses, infrastructure improvements and private or public facilities contained in the Existing Approvals and as shown on the Site Map as Retail No. I, Retail No. 2, Parking Structure No: 1, Parking Structure No. 2, Vacation Ownership Resort No. 1, Hotel No. I; Hotel No. 2, Hotel No. 3 and Hotel No. 4. 1.64 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers which are reserved to the City. The Reserved= Powers supersede the Applicable Rules to the extent of any inconsistency and include the power to enact and implement rules; regulations, ordinances and policies after the Effective Date that may be in conflict with the Applicable Rules, which either (1) prevent or remedy conditions which the City has Found to be injurious or detrimental to the public health or safety; (2) are Uniform Codes; (3) are necessary to comply with state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; (4) are agreed to or consented to by Developer; (5) involve the formation of assessment districts, Mello-Roos Community Facilities Districts, special districts, maintenance districts or other similar districts formed in accordance with applicable laws provided, however, that Developer shall retain all its rights with respect to such districts pursuant to all applicable laws; or (6) are Processing Fees and Charges or City-wide fees or charges of general applicability: 1.65 "Retail No. 1" means those specialty retail, dining and entertainment uses (including a cinema) comprising approximately 439,600 square feet of'gross building area to be constructed by the Developer pursuant to the Existing Approvals within Area A, as shown on the Site Map. 1.66 "RetaiC No: 2" means those specialty retail, dining and entertainment uses comprising approximately 130,150 square feet of gross building area to be constructed by the Developer pursuant to the Existing Approvals within Area B as shown on the Site Map. 1.67 "Right(s)-of--Way" means any right(s)-of--way or other real property interest necessary to access, construct, maintain, perform and/or operate any public improvements required by the Mitigation Measures in accordance with the Existing Approvals excluding the land required for the Parking Facility. 1.68 "Section" means the indicated section ' or subsection number' of this Agreement. -9- DOCSOC/ 1153 910v8/02262 1-007 8 1.69 "Second Addendum" means the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a: 1.70 "Site Map" means the map of the Anaheim. GardenWalk Property depicting Area A, Area B and the Project Elements which is attached thereto as Exhibit A and incorporated herein by reference. 1.71 "Term" means the period of time during which this Agreement shall be in effect and shall bind the City and Developer as provided in Section 7.2 of this Agreement. 1.72 "The Disneyland Resort Specific Plan" or "Specific Plan" means the Disneyland Resort Specific Plan No. 92-1 (including zoning and development standards) as approved by the City and as amended on or before the Effective Date. 1.73 "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations which are applicable throughout the City, including, but not limited to, the California Building Standards Code incorporating or referring to the Uniform Building Code, the National Electrical Code, the Uniform Mechanical Code, and the Uniform Pire Code (including those amendment to the promulgated uniform codes which reflect local modifications by the City, which modifications are applicable City-wide). 1.74 "Vacation Ownership Resort" means timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent,. exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A Vacation Ownership Resort interest may. be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. ].75 "Vacation Ownership Resort No. 1" means. a Vacation Ownership Resort. with approximately 400 Vacation Ownership Resort Units to be constructed by the Developer in accordance with the Existing Approvals within Area A as shown on the Site Map. 1.76 "Vacation Ownership Resort No. 2" means a Vacation Ownership Resort with approximately 100 Vacation Ownership Resort Units to be constructed ,by the Developer in accordance with the Existing Approvals within Area B as shown on the Site Map. 1.77 "Vacation Ownership Resort Unit" means a Hotel Room within a Vacation Ownership Resort. 2. PROPERTY, PURPOSE AND INTENT. 2.1 Property Description. The Property comprising the Anaheim GardenWalk Property is shown on the Site Map and described in the Legal Description. Developer does not presently own Area B: To the extent permitted by the Development Agreement Act, Developer shall have a right to include the Area B Property within the terms of this Agreement at such time as Developer shall provide to the City (i) notice of the. purchase, lease or other interest in Area B by Developer or an Affiliate; (ii) evidence of Developer's or Affiliate's ownership, lease or other. interest in such additional property; and (iii) record in the Official Records of the County of Orange, _lp_ DOCSOC/1153910v8/022621-0078 Declaration of Annexation which provides that Area B is now subject to the Agreement effective upon compliance with the requirements of this Section 2.1. 2.2 City Objectives. The City desires that the Anaheim GardenWalk Property be developed as provided for in the Existing Approvals to: (i) create additional retail sales and transient occupancy tax base for the City, (ii) provide additional quality Hotel Rooms and Retail, Dining-and Entertainment that will expand on existing and planned tourist attractions and theme park uses and will cause Anaheim visitors to extend the length of the stays in Anaheim; (iii) provide a fully integrated and coordinated development based on comprehensive planning principles; (iv) assure that the Project will be developed as described in the Existing Approvals; and (v) maximize the opportunity for site assemblage in a key portion of The Anaheim Resort. 2.3 Developer Objectives. This Agreement is necessary to assure Developer that the Project will not be (i) reduced in density, intensity or use; and (ii) subjected to new rules, regulations, ordinances or official policies or delays which are not permitted by this Agreement. 2.4 Representation of Fee Simple or Equitable Ownership. Developer represents that it owns, directly or through its Affiliates, the fee simple, equitable interest, Lease or option to purchase or Lease the Area A Property. 2.5 Mutual Objectives. Development of the Project in accordance with this Agreement will provide the assurances required. for the subsequent private acquisition of multiple parcels of land and the orderly, coordinated and phased development of the Project in accordance with the goals and objectives set forth in the General Plan and the Specific Plan. Moreover, this Agreement provides additional assurance to the City and Developer that the installation ofnecessary improvements will occur in the manner set forth in the Existing Approvals and otherwise achieve the goals and purposes for whickthe Development Agreement Act was enacted. The Parties believe that such an orderly, coordinated and phased development of the Project will provide many public benefits to the City, including without limitation: development of under-utilized and legally non-conforming properties and uses, increased tax revenues, land assemblage, increased transient occupancy tax, installation of on-site and off-.site improvements, public parking and job creation. Additionally, this Agreement provides the City with Reserved Powers that will enable the City to comply with applicable state and federal laws, to take action to prevent or remedy conditions found to be injurious or detrimental to the public health or safety, and to take other actions in the public interest. 3: AGREEMENT AND ASSURANCES. 3.1 Agreement and Assurance on the Part of Developer. In consideration for the City entering into this Agreement, and as an inducement for the City to obligate itself to carry out the covenants and conditions set forth in this Agreement; and in order to effectuate the purposes and intentions set forth in Section 2 of this Agreement, Developer hereby agrees as follows: 3.1.1 Development Assurances. Developer agrees to Commence Construction, Complete Construction and Open for Business each Project Element in accordance with the terms and conditions of this Agreement and as provided for in the Existing Approvals. Developer agrees subject to Section 7.3 hereof to the following sequencing for the development of the Initial Phase: DOCSO C/ 1153910v 8/022621-0078 (a) The Developer will Commence Construction of Retail No. 1 and Parking Structure No. 1 prior to the Outside Initial Phase.. Commencement Date. (b) The 'Developer shall Complete Construction and Open for Business Retail No. 1 and Parking Structure ,No.'1 within two years after Commencement of Construction of the Parking Structure No. 1 and Retail No. L (c) The Developer shall Commence Construction of Hotel No. 1, Hotel No. 2, or Hotel No. 3 within forty-eight (48) months From the Effective Date of this Agreement and shall Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of that Hotel. (d) The Developer shall Commence Construction of each of the remaining Project Elements within Area A (i.e. the two remaining Hotels and Vacation Ownership No. 1) at twenty- four (24) month intervals after Commencement of Construction of the immediately prior Project Element and Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of that Froject Element. 31.2. Effect of Delayed Performance. If Developer shall fail to timely Commence Construction and Open for Business or Complete Construction of the .applicable Project Element as described in 3..1.1, after having provided Developer with written notice and an opportunity to cure in the manner set forth in Section 53, the City may terminate this Agreement and the DDA with respect to the Project Element(s) for which construction has not commenced prior to the date of such termination. 3.13 Landscaping and Lighting District, Developer agrees to participate in the Anaheim Resort Landscaping and Lighting Maintenance District 3:2 Agreement and Assurances on the Part of the City. In consideration for Developer entering into this Agreement, and .as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, the City hereby agrees during the term as follows: 3.21 Entitlement to Development. Developer has a vested right to develop the Project in accordance with the Existing Approvals subject to the terms and conditions of this Agreement, the Applicable Rules and the Reserved Powers. 3.2.2 Changes in Applicable Rules. 3.2.2.1 Non-Application of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in any applicable general or specific plan, zoning ordinance or building regulation adopted or becoming _12_ D OCS 0 C/ 1153 910v8/022621-OD78 effective after the Effective Date, including, without limitation, any such change by means or ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, Planning Commission or City Agency, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict with the Applicable Rules or this Agreement, shall not be applied to the Project unless such changes represent an exercise of the City's Reserved Powers or are otherwise expressly allowed by this Agreement or consented to in writing by Developer, 3.2.2.2 Changes in Uniform Code. Notwithstanding any provision of this Agreement to the contrary, construction of the Project shall comply with changes occurring from time to time in the Uniform Codes pursuant to the Reserved Powers. 3.2.2.3 Changes Mandated by Federal or State Law. This Agreement shal- not preclude the application to the Project of changes in, or additions to, the Applicable Rules. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 3.2.2.4 Special: Taxes and Assessments. Except with regard to the Landscaping and Lighting District for The Anaheim Resort as provided for in Section 3.1.3, Developer shall have the right, to the extent permitted by law, to protest, oppose and vote against any and all special taxes; assessments, levies, charges and/or fees imposed with respect to any assessment districts, Mello-Roos Community Facilities Districts, maintenance districts or other similar districts. 3.2.3 Agreed Changes and Other Reserved Powers. This Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies otherwise in conflict with the Applicable Rules if (i) agreed to in writing by Developer, or (ii) result from the Reserved Powers. 3.2.4 Subsequent Development.: The City shall not require Developer to obtain any approvals or permits for the development of the Project other than those permits or approvals which are required by the Applicable Rules or the Reserved Powers. 3.2.5 Effective Development Standards. The City agrees that with respect to the Project it is bound to permit development of the Project in accordance with the Specific Plan including without limitation, the uses, intensity and density as provided for in the Specific Plan, subject to the Applicable Rules, Reserved Powers and this Agreement. Moreover, the Gity hereby agrees that it will not unreasonably withhold any Discretionary Action which must be issued by the City in order for the Project to proceed, provided that Developer reasonably and satisfactorily complies with all City-wide standard procedures and policies of the City for processing any such Discretionary Action and'pays any applicable Processing Fees and Charges. 3.2.6 Timing, Sequencing and Phasing of Development. In the event an ordinance, resolution or other measure, referendum, or initiative is enacted, whether by .action of the City or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Anaheim GardenWalk Property or the implementation or construction of the Mitigation Measures, City -13- D OC S OC/ 1153910v8/022621-0078 agrees, to the extent permitted by law, that such ordinances, resolution or other measure shall not apply to the Project, the Anaheim GardenWalk Property or this Agreement, unless such- changes are adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision of this Agreement. 3.2.7 Impact Fees; Credit for Developer Installed Facilities. All. Project Elements shall be subject to the Impact Fees and crediting provisions related thereto in force at time of application and as may be amended from time to time and are not restricted or limited in any way by this Agreement. 3.2.8. Condominium Hotel. The City hereby consents to allowing any of the Hotels to be Condominium Hotels subject to the conditions of approach adopted by the City Council for Conditional Use Permit No. 4078 as amended, per City Council Resolution No. 3.3 Processing Fees, Extraordinary Processing Consultant, Charges and Environmental Review. 3.3.1 Processing Fees and Charges. Developer shall pay all Processing Fees and Charges for Ministerial Permits and Approvals and Inspections at the rate in effect at the time they are sought. 3.3.2 Extraordinary Processing Consultant. Developer may request that the City engage an Extraordinary Processing Consultant to coordinate and expedite the.. processing of actions required through the Ministerial Permits and Approvals and all Discretionary Actions applicable to the Project. The. City agrees, if so requested, to engage such Extraordinary Processing Consultant. Developer shall reimburse the City for the costs of such Extraordinary Processing Consultant in accordance with the terms of Section 7.22 hereof. 3.3.3 Environmental Review. The City has conducted extensive environmental review of the Project and has adopted the Mitigation Measures. The City intends that Ministerial Permits and Approvals are not actions subject to requirements for Further environmental review pursuant to CEQA. 4. DEVELOPMENT PLAN. 4.1 Right to Develop Property. Subject to the terms of this Agreement, Developer shall have a vested right to .develop the Anaheim GardenWalk Property in accordance with the Existing Approvals. 4.2 Phased Development. Area A, the Initial Phase, will be developed in the sequence described in Section 3.1..1 and as set forth in the Existing Approvals. If and when Area B is developed will be determined in the sole and absolute discretion of Developer based on market conditions and Developer's ability to acquire the Area B Property. 5. ANNUAL REVIEW; REIMBURSEMENT; DEFAULT; TERMINATION, AMENDMENT OR MODIFICATION; MANDAMUS; SPECIFIC PERFORMANCE. 5.1 Annual Review. During the Term, Developer shall initiate and the City shall conduct an Annual Review of Developer's compliance with this Agreement and the Procedures -14- DOC SOC/ 115391 Ov8/022621-0078 Resolution. Such Annua- Review shall be limited in scope to determining good faith compliance with the provisions of this Agreements The Annual Review shall be initiated, and conducted in accordance with the Procedures Resolution:: 5.2 Reimbursement of Costs. Developer shall pay to City in advance, the Application Fee for Annual Review required by the City's Procedures Resolution on each occasion that Developer submits its: evidence for the Annual Review. Developer shall also reimburse the City for its actual costs, reasonably and necessarily incurred or any legal or financing consultant cost necessary to accomplish review of amendments pursuant to Section 7.5 of this Agreement. Such reimbursement shall be due within thirty (30) days after receipt of invoice from the Cityr 5.3 Default by Developer 5.3.1 Default. In the event the City reasonably determines that Developer has failed to perform any of its obligations under this Agreement, or that any such obligations are not performed in a timely manner, the City may pursue only those remedies expressly provided for in this Agreement; provided, however, that the City's right to compel specific performance of the obligations of Developer under this Agreement shall be subject to the limitations set forth in Section 5.3.4. Further, the City shall have no right to monetary damages except as set forth in Sections 3.1.2 and 5.2. 5.3.2 Notice. of Default. In the event the City reasonably determines that Developer is in default of any of its obligations under this Agreement, the City shall send a notice of such alleged default(s) to Developer in which the allegations of default shall be set Forth in sufficient detail to enable Developer to ascertain the specific actions necessary to cure the alleged default(s)::: Upon receipt of a notice of default, Developer shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of such notice but in no event more than: thirty (30) days after receipt of notice and shall complete the cure of (i) any monetary default(s) not later than thirty (30) days thereafter, and (ii) any non-monetary default(s) not later than ninety (90) days thereafter or such longer period as necessary to cure default as agreed to by City in its sole discretion. 5.3.3 Termination -for Failure to Cure Default. If after the cure period provided for in Section 5.3.2 has lapsed, and the Planning Director reasonably ftgds and determines that Developer remains in default, the Planning. Director shall make a report to the City. Council concerning such default and City Council may thereafter proceed to modify or terminate this Agreement in accordance with the Procedures set forth in Sections 7.2 and 7.3 of the Procedures Resolution. 5.3.4 Specific Performance... Except. as provided in this Section 5.3.4, .the City shall have no right under this Agreement to seek a remedy of specific performance with respect to the Project in the event of an abandonment of the Project, including the failure to Commence Construction or Complete Construction and Open For Business any Project Element by any required completion date. The City's. right to seek specific performance to compel completion of the Project (including portions of the Project) or applicable Project Elements in the event of such abandonment shall be specifically limited to (i) compelling Developer, at the election of the City in its sole discretion, to complete or demolish any uncompleted improvements located on public property initiated in connection with the Project with the choice of whether to demolish or complete such improvements and -15- DOC SOC/ 115391 Ov8/022621-0078 the method of such demolition or completion of such improvements to be selected by the City in its sole discretion, and (ii) compelling Developer, at the election of Developer in its sole..... discretion, to complete or make safe and secure any uncompleted improvements located on the Anaheim Garden Walk Property with the choice of whether to demolish, complete. or secure such improvements and the method of such demolition., completion and securing of such improvements to be selected by Developer in its sole discretion. Prior to Commencement of Construction, Developer shall post a performance bond or other security in an amount and form reasonably satisfactory to the City Attorney to guarantee demolition or securing of such uncompleted improvements. The Developer's contractors performance bond from ' a creditworthy bonding company assigned to the City is a performance bond that will be acceptable to City. Nothing in this Section 5.3.4 shall limit the City's enforcement of all applicable provisions of the Applicable Rules, Existing Approvals, Mitigation Measures, and Uniform Code for any portion of the Project then or thereafter constructed (e.g., requiring Developer to build sewer laterals required under Applicable Rules to serve a Hotel actually completed); termination of this Agreement in accordance 'with 'the provisions hereof notwithstanding. In addition; notking in this Section shall limit or restrict in any way the City's monetary remedies as provided for in Section 3:1.2 hereof. 5.4 Default by City: 5.4.1 Notice of Default. Upon receipt of written notice of default from Developer, the City shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later than sixty (60) days after receipt of the notice of default: 5.4.2 Specific Performance and Mandamus. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In'addition, the Parties agree that monetary damages are not an adequate remedy for Developer if the City should: be determined to be in default under this Agreement: The Parties further agree that specific performance and mandamus shall be Developer's only remedies under this Agreement and Developer may not seek monetary damages in the event of a default by the City under this Agreement Developer covenants not to sue foror claim any monetary damages in the event of a default by the City under this Agreement. Developer may seek specific'perfonnance of City's obligations under this Agreement or a writ of mandate pucsuaht to Code of Civil Procedure sections 1085 or ]094.5, as applicable, to compel the City to take or'refrain from taking any action; or to modify any action taken, that is necessary to effectuate the terms of this Agreement only after serving written notice of the alleged default(s) on City and lapse of the period given for City to cure such default(s), all in accordance with Section 5.4.1, and for so long as City remains in default of its obligations under this Agreement. 6: PUBLIC BENEFITS. 6.1 Removal of Blight.: Development of the Project will result in use of a number of currently under-utilized and non-conforming properties in a manner that is consistent with goals of the General Plan and Specific Plan. DOC S OC/ 1 153910v 8/022621-0078 -16- 6.2 Net Increase in Transient Occupancy Tax. The Project will provide substantial City benefits from the net increase in transient occupancy tax derived .from the construction of the Project, 6.3 Increase in Retail Sales Taxes.. The Project will provide significant addifional net retail sales tax benefits upon Project completion beyond those generated by the existing uses within the Anaheim GardenWalk Property. 6.4 Increase in Property Taxes. The Project will result in placing several. historically tax-exempt properties onto the property tax rolls, and re-appraising to fair market value a number of other properties with assessed valuations that have been artificially depressed by Proposition 13 limits or under-utilization of the area. These changes will generate significant additional property taxes. 6.5 Resort`AreaTraffic Improvements. The Project will provide additional Anaheim Resort Area traffic benefits as described in the Mitigation Measures and Existing Approvals. b.6 Police Substation. Prior to issuance of building permit(s) for uses comprising Area A of the Project, Developer shall submit plans fora "storefront" police substation within the Project to the satisfaction of the City Police Department, together with dedicated City Police Department employees' parking spaces. Prior to the first final building and zoning inspection for the uses in Area A, the space for said substation shall be conveyed to the City in accordance with the terms set forth in the Mitigation Measures. These terms and all other relevant provisions governing this occupancy are set forth in the DDA. 7. GENERAL PROVISIONS. 7.1 Date Agreement Becomes Effective. This Agreement shall become effective on the Effective Date. 7.2 Term. 7.2.1 Basic Term. The Term of this Agreement shall commence on the Effective Date of this Agreement and shall extend for a period of ten (10) years after the Effective Date. 7.2.2 Early Termination of Agreement. This Agreement is terminable: (i) by mutual written agreement of the Parties; (ii) by either Party following an uncured default by the other Party under this Agreement or the DDA, subject to the procedures and limitations set forth in this Agreement and the DDA; (iii) by City if Developer fails to Commence Construction or, having Commenced Construction, has failed to Complete Construction or Open for Business the applicable Project Element within the times described in Section 3.1.1.; or (iv) by the Developer in its sole discretion, prior to the Outside Initial Phase Commencement Date, in any such event the City may, in its sole discretion, rescind the Existing Approvals. 7.3 Force Majeure; Extension of Time of Performance. In .addition to specific provisions of this Agreement, whenever a period of time is designated within which either Party -17- DOC SOC/ 1153910v8/022621-0078 hereto is required to do or complete any act, matter or thing, both the time for the doing or completion thereof and the Term of this Agreement and the specific obligation hereunder shall be extended by a period of time equal to the number of days which such Party is prevented from, or is unreasonably interfered with the doing or completion of such act, matter or thing because of the following causes, which causes are beyond the reasonable control of the Party to be excused including; war, terrorist acts; insurrection; strikes, walk-outs; riots; floods; earthquakes; fires; unavoidable casualties; acts of God; third party litigation and administrative proceedings which are brought against the Project by a third party (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs such as the Annual Review); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities ("Governmental Restrictions"); enactment of conflicting state or federal laws or regulations ("Conflicting Laws"); judicial decisions ("Judicial Decisions"); or similar bases for excused performance which is not within the reasonable control of the party to be excused (financial inability excepted); provided that with regard to Governmental Restrictions, Conflicting Laws and Judicial Decisions, such pauses shall excuse performing only if the cause for delay is not removed within 24 months after its commencement. This Section shall not be applicable to, and the required time of performance shall not be extended by, any proceedings. with respect to Governmental Restrictions, Conflicting Laws and/or Judicial Decisions causing delay beyond 24 months after commencement of same and bankruptcy or receivership initiated by or on behalf of Developer or, if not dismissed within ninety (90) days, by any third Parties against Developer If written notice of such delay is given to either Party within thirty (30) days of commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer 'as may be mutually agreed upon; provided, however, in the event no such notice is given, such claim or delay from that cause shall be deemed waived and no extension shall be granted on that basis. 7.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the Taws of the State of California, and the venue for any legal actions brought by any Party with respect to this Agreement shall be the County of Orange, State of California, for state actions, and the Orange County Division of the Central District of California for any federal actions. 7.5 Amendments. This Agreement may be amended from time to time in writing in accordance with Government Code section 65868 and the Procedures Resolution. 7.6 Assignment. The Parties acknowledge and agree that one of the principal inducements to the City in entering into this Agreement is the assurance that the Project Elements will be developed in accordance with the quality standards set forth in the Existing Approvals and this Agreement, and in particular that the sequencing of the Initial Phase in accordance with the time set forth in section 3.1.1. In furtherance of these objectives, the Parties agree that except as otherwise provided in this Section 7.6, Developer shall not be entitled to transfer any of the Anaheim GardenWalk Property together with its rights or obligations hereunder without the written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The City shall consent to each transfer if evidence reasonably satisfactory to the City is presented that the entity to which the assignment is proposed (i) has adequate net worth to construct and operate the Project or applicable Project Element(s); (ii) has a demonstrated track record of having developed and operated first-class commercial Facilities of a similar nature to the Project or applicable Project Element(s); (iii) has a demonstrated track record of arranging financing (through debt and/or equity) on terms and in amounts similar to the amounts necessary to complete the Project or applicable Project Element(s); -18- DOCSOC/1 I53910v8/022621-0078 and (iv) has expressly assumed all of Developer's obligations hereunder and such assignment is being undertaken in accordance with this Section 7.6. Notwithstanding the foregoing, Developer.. shall have the right to lease space to specialty retail, dining and entertainment tenants; and assign, lease, transfer, convey or hypothecate all or any partial interest in all or any portion of the Anaheim GardenWalk Property to any Affiliate without the consent of the City. Any such assignment; lease, transfer, conveyance, or hypothecation, except a lease to specialty retail, dinning and/or entertainment tenants may include all of Developer's rights, duties and obligations under this Agreement. Notwithstanding the foregoing, no assignment shall be effective regardless of whether or not the City's consent is otherwise required, unless and until the proposed assignee accepts and agrees in writing to assume and be bound by the obligations set forth in this Agreement which apply to the Anaheim GardenWalk Property, the Project, the Project Elements or interest therein being assigned.. 7.7 Mortgage Rights 7.7.1. Encumbrances on the Anaheim GardenWalk Property and this Agreement. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sale and absolute discretion, from encumbering the Anaheim GardenWalk Property or any portion thereof or any improvements thereon with any Mortgage. Developer is hereby given the express right, in addition to any other rights herein granted, to grant a Mortgage on its interests in this Agreement or any part or parts thereof, under one or more Mortgages and to assign this Agreement as collateral security for any such Mortgage.- 7.7..2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and For value, and any :acquisition or acceptance of title or any right or' interest in or with respect to the Anaheim GardenWalk Property or any portion thereof, or to this Agreement, by a Mortgagee (whether pursuant to foreclosure; lease termination or otherwise) shall upon written election by the Mortgagee within sixty (60) days after receipt of such right, title or interest, be subject to all of the terms and conditions of this Agreement and any such Mortgagee who takes title to the Anaheim GardenWalk Property or any portion thereof, or to this .Agreement, shall also be entitled to the rights and obligations arising under this Agreement.. 7.7.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 7.7, a Mortgagee will not have any rights, obligations or duties pursuant to the terms set forth in this Agreement to perform the obligations of Developer or other affirmative covenants of Developer hereunder or to guarantee such performance, unless such Mortgagee expressly assumes the rights and obligations of the Developer and except that (i) the Mortgagee shall upon written election by the Mortgagee within sixty (60) days after receipt of such right, title or interest, have no right to develop the Project without Fully complying with the terms of this Agreement, and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of any covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. A-though not obligated to do so, upon written election by the Mortgagee within sixty (60) days after receipt of such right, title or interest, any Mortgagee may do any act or thing required by Developer -19- DOCSOC/ 115391 Ov8/022621-0078 hereunder, and do any act or thing which may be necessary and properly done in the performance and observance. of the agreements, covenants and conditions hereof to prevent-. termination of this Agreement in accordance with Section 7.7.4. Any Mortgagee and its agents and contractors shall have full access to the Anaheim GardenWalk Property for purposes of accomplishing any of the foregoing. Any of the foregoing done by any Mortgagee shall be as effective to prevent a termination of [his Agreement as if the same would have been done by the Developer. 7.7.4 Notice of Default to Mortgagee; Right. of Mortgagee to Cure. Each Mortgagee shall, upon written request to City be entitled to receive written notice from the City of the result of the Annual review and of any default by Developer of its obligations set forth in this Agreement simultaneously with the deliver of such notices to the Developer. Each Mortgagee shall have the right, but not an obligation, to cure such default within ninety (90) days after receipt of such notice or, if such default can only be remedied or cured by such Mortgagee upon obtaining possession of the Anaheim GardenWalk Property, such Mortgagee shall have the right to seek or obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure such default within ninety (90) days after obtaining possession, and, except in case of emergency or to protect the public health or safety as determined by the City in its reasonable discretion, City may not exercise any of its remedies set forth in this Agreement until expiration of such ninety (90) day period whether commencing upon receipt of notice or upon obtaining possession of the interests covered by a Mortgage, as applicable; provided, however, that in the case of a default which cannot with diligence be remedied of cured or the remedy or cure of which cannot be commenced within such ninety (90) day period, the Mortgagee shall have such additional time as is reasonably necessary to remedy or cure such default. Any notice of termination delivered in violation of this Section 7.7.4 shall be rendered void. 7.75 Bankruptcy. Notwithstanding the foregoing provisions of this Section 7.7, if any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Developer, the times specified in Section 7..7.4 fore commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. In addition, if this Agreement is rejected or otherwise terminated in connection with any such proceeding, then upon the request of any mortgagee, a new development agreement upon the same terms and conditions set forth in this Agreement may be entered into between such Mortgagee and City. 7.7.6 Termination Subject to Mortgagee Rights. All rights of the City to terminate this Agreement, vis a vis the Mortgagee, as a result of the occurrence of any default shall be subject to, and conditioned upon, the City having first given to each Mortgagee written notice of the default as required under 7.7.4 above; .and all Mortgagees having failed to remedy such default or acquire Developer's interests hereunder, or having failed to commence foreclosure or other appropriate proceedings in the nature thereof as set forth in Section 7.7.4 above... 7.7.7: No Cancellation. There shall be no cancellation, surrender or modification of this Agreement by joint action of the Parties without a minimum of ninety (90) days prior written notice to each Mortgagee who has requested such notice. D 0 CSOC/ 1153910v8/022621-0078 -20- 7.7.8 New Agreement Upon Default by Developer. City agrees that in the event of termination of this Agreement by reason of a default by Developer, the City will enter into a new development agreement with the most senior Mortgagee whose Mortgage encumbers this Agreement requesting a new development agreement for the remainder of the term of this Agreement, such new agreement being effective as of the date of such termination, and containing such terms, provisions, covenants and agreements as herein contained, provided: (a) The senior Mortgagee shall make written request upon City for such new development agreement within thirty (30) days after the date of termination; (b) The senior Mortgagee shall pay to the City at the time of the execution and delivery of such new development agreement any and all sums which would, at the time of the execution and delivery thereof, be due `and unpaid pursuant to this Agreement but for its termination; including any expenses, .attorneys' fees and costs, to which the City was subjected by reason of such default; (c) The senior Mortgagee shall perform "and observe'all covenants herein contained on Developer's part to be performed; and shall further remedy any other conditions which Developer was obligated to perform under the terms of this Agreement, and to the extent that same are curable or may be performed by the senior Mortgagee; and. (d) Notwithstanding anything to the contrary expressed or implied elsewhere in this Agreement,. any new development agreement made pursuant to this Section shall be superior to any Mortgage to the same extent as this Agreement: 7.7.9 ' Separate Agreement: ' The City shall, upon request, execute, acknowledge and deliver to each Mortgagee an agreement prepared at the sole cosy and expense of the Developer, (including related legal fees incurred by the City) in form satisfactory to each Mortgagee and City, between City,' Developer and the Mortgagee(s), confirming all of the provisions hereof and/or such other documents containing terms and provisions' customarily required by Institutional Lenders in connection with such financing, provided, however, the City shall not be'obligated to approve anyterms that would impair or adversely affect the rights and obligations of the City, or otherwise amend this Agreement and/or the obligations of the Developer as set forth in this Agreement 7:7.10 Material Notices. The Developer shall give all Mortgagees notice of any Litigation and the parties hereby bonsent to intervention in such Litigation by the Mortgagee. In the event any Mortgagee shall not elect to intervene or become a party to the proceedings, such Mortgagee shall be`provided notice and a copy of any award or decision made in connection therewith. 7.7.11 'Mortgagee Right to Assign. Foreclosure of any Mortgage, or any sale thereunder, whether by judicial proceedings or by virtue of any power contained in the Mortgage, or any conveyance of the interest of Developer hereunder to any Mortgagee or its designee through, or in lieu of, foreclosure or other appropriate proceedings in the nature -21- DDCSOC/I 153910v8/022621-0078 thereof, shall not require the consent of the City or constitute a breach of any provision of or a default under this Agreement; and upon such foreclosure, sale or conveyance, the City will- recognize the purchaser or other transferee in connection therewith as the Developer hereunder provided that such purchaser, assignee or other transferee has a net worth, relevant experience, and evidence of financing sufficient to enable such entity to carry out this function, and otherwise conforms to the requirements of Section 7.6 hereof. 7.7.12 Conflicts with Disposition and Development Agreement. In the event of a conflict between the terms of this Section 7.7 and the express terms of the DDA, the DDA shall prevail: 7.8 Covenants. The provisions of this Agreement shall constitute covenants which run with the land comprising the Anaheim Garden Walk Property for the benefit thereof and as a burden thereon,'and, subject to the restrictions on transfer as set forth in Section 7.6, the burdens and benefits hereof shall bind and inure to the benefit of aU assignees, transferees and successors to the parties. 7.9 Implementation. Upon satisfactory completion by Developer of all required applications and. payment, of applicable Processing Fees and Charges,. including the fee for processing this Agreement, the City and Developer shall commence and diligently process all required steps necessary for the implementation of this Agreement and development ofthe Project in accordance with the terms of this Agreement. Developer shall; in a timely manner, provide the City with all documents, plans and other information necessary for the City to carry out its processing obligations hereunder. 7.10 Relationship of the Parties. It is understood'and agreed by the Parties that the contractual relationship created between tfie Parties hereunder is that Developer is an independent party and not an agent of the City. Further, the City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing herein or in any document executed in connection herewith shall be construed as making the City and Developerjoint venturers or partners. , 7. ] 1 Cooperation in the Event of Third Party Litigation. In the event legal action is instituted by a third party, including any other governmental entity or official challenging the validity or enforceability of any provision of this Agreement, or the Existing Approvals vested pursuant to this Agreement, or any other action by either Party in properly performing hereunder, the Parties hereby agree to affirmatively cooperate in defending said action; provided,. however,. that Developer agrees to and shall defend, indemnify, save and hold the City and Agency. and their respective elected and appointed representatives, boards, commissions, offices, agents, employees, consultants and attorney's (collectively, the;"City" in this section 7.11) harmless from any and all claims, costs and liability, including without limitation, court costs and attorneys' fees awarded to any party, to the extent they result from any such Litigation. As the indemnifying Party and provided that Developer demonstrates to City, to City's reasonable satisfaction, that Developer has the financial wherewithal to indemnify the City hereunder at the time of any such Litigation, Developer shall at all times retain final authority and control over all documents to be filed in such Litigation and notwithstanding the provisions of this Section 7.11,. the City shall be deemed to have waived its rights to be indemnified hereunder if the City settles any Litigation, in whole or in part, or files any documents in such Litigation without Developer's prior written approval, which approval shall not be unreasonably withheld...... -22- DOCSOC/ 1153910x8/022621-0078 .7.12 Notices. Any notice or communication required hereunder between the City and Developer must be in writing, and may be given either personally, by registered or certified mail,..:.. return receipt requested or by overnight courier. If given by registered or certified mail, the same shall be deemed to have been delivered and received on the first to occur of (i) actual receipt by any of the addresses designated below as the Party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered or delivered by courier, a notice shall be deemed to have been delivered when received by the Party to whom it is addressed. Any Party hereby may at any time, by giving ten (10) day's written notice to the other Party hereto, designate any other address in substitution of the address, or any additional address, to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:. If to City: With Copies to: City Clerk City Attorney, City of Anaheim City of Anaheim City of Anaheim. 200 South Anaheim Blvd. 200 South Anaheim Blvd., Suite 356 Anaheim, CA 92803 Anaheim, CA 92603 If to Developer: With Copies to: William J. Stone, Senior Vice Barry Bell President Attorney at Law Excel Realty Holdings 4350 Executive Dr'. 17140 Bernardo Center Dr.' Suite 255. Suite 310 San Diego, Ca92121 San Diego,. CA 92128. Hal Pohl Pacific Coast Capital Partners 222 N. Sepulveda Suite 222 E1 Segundo, CA 90245 7.13 Recordation.. The City's Clerk shall record a copy of this Agreement with the Registrar-Recorder of Orange County within ten (10) business days following the later to occur of (i) -23- D OC SOC/ ll 53910v8/022621-0078 execution by both parties or (ii) Ordinance No, becoming effective. To the extent that Anaheim Garden Walk Property consists of property under Lease by Developer, this Agreement shall encumber-- only the leasehold interest and shall not constitute an encumbrance upon the estate in fee. 7.14 Developer Hold Harmless. Developer hereby agrees to and shall indemnify, save, hold harmless and defend the City and Agency, and their. respective elected and appointed representatives, boards, commissions, officers, agents, employees, consultants and attorneys (collectively, the "City".in this Section 7.14), from any and all claims, costs, and liability ofany kind which may arise, directly or indirectly, from Developer or Developer's contractors, subcontractors, agents, or employees' operations, acts or omissions in connection with the construction and operation of the Project, whether such operations, acts or omissions are by Developer or any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Developer or any of Developer's contractors or subcontractors. Nothing in this Section shall be construed to mean that Developer shall hold the City harmless and/or defend it to the extent that such claims, costs or liability arise from, or are alleged to have arisen from, the negligent acts, or negligent failure to act, on the part of the City. City agrees that it shall fully cooperate with Developer in the defense of any matter in which Developer is defending and/or holding the City harmless and at no cost to City. The obligations set forth herein shall survive the Term, termination or earlier expiration of this Agreement. 7.15 Insurance. Without limiting its obligation to hold the City harmless, Developer shall provide and maintain at its own expense; at all times during the Term the following program of insurance concerning its operations hereunder. The insurance shall be placed with California-admitted insurers that carry a Best's rating equal to A VII or higher. The program of insurance provided shall .specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days prior to any modification or termination of coverage. Such insurance shall be primary to and not contributing with any insurance or self-insurance maintained by the City, shall name the City, its officers, officials, employees, representatives and agents, as additional insureds, shall be written on a comprehensive or commercial general liability insurance Form, and shall include coverage for, but not limited to, Completed Operations, Premises/Project Site Operations, Products/Completed Operations, Contractual, Independent Contractors Broad Form Property Damage, and Personal Injury, with a per occurrence limit of not less than two million dollars ($2,OOQ000) written on an occurrence basis. 7.16 Successors and Assigns. Subject to the limitations on transfer set forth in this Agreement, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, and their respective successors, assigns and transferees. 7.17 Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, the remainder of this Agreement or the application of such provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and, shall be valid and enforceable to the fullest extent permitted by law. 7.18 Time of the Essence. Time is of the essence for each provision of this Agreement of which time is an element. 7.19 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom enforcement of a waiver is sought and such 24- DOCSOC/l I53910v8/02262I -0078 waiver refers expressly to the Section containing the waived provision. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any ,right or remedy in respect ofany other occurrence or event. 7.20 Third Party Beneficiaries. The Agency i hereby made a third party beneficiary to this Agreement. Except as to the Agency, there are no other third party beneficiaries to this Agreement and this Agreement is not intended, and shall not be construed to benefit or be enforceable by any other persons or entities other than the Parties and the Agency. 7.21 Expedited Processing. Developer and City agree to cooperate in the expedited processing ofany legal action seeking mandamus, specific performance, declaratory relief or injunctive relief, to set court dates at the earliest practicable date(s) and not cause delay in the prosecution/defense of the action, provided such cooperation shall not require any Party to waive any rights. 7.22 Requests for Payment. With respect to any requests by the City for payment of amounts due under this Agreement, Developer retains its right to review any invoices or requests for payments submitted by the City pursuant to this Agreement. Developer shall review and reasonably approve such invoices or requests for payment or shall identify any disputed amounts within twenty (20) days after receipt. At Developer's request, the City shall provide Developer with reasonable information or back-up materials supporting such invoices or requests for payment at City offices, with reasonable notice, during business hours. In the event of any disputed invoices or requests for payment, Developer shall timely pay all amounts not disputed. 7.23 Entire Agreement. This Agreement and the documents, agreements and exhibits referenced herein or attached hereto set forth and contain the entire understandings and agreements of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein and no testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceedings ofany kind or nature to interpret or determine the provisions or conditions of this Agreement. 7.24 Conflict of Laws. With the exception of the Force Majeure provisions set forth in Section 7.3 hereof, it is agreed by the Parties that the obligations and conditions contained in the Existing Approvals and Mitigation Measures govem the development of the Anaheim GardenWalk Property. To the extent that any provisions of this Agreement may conflict with any of the obligations, conditions or mitigations imposed on Developer pursuant to the Existing Approvals and Mitigation Measures, the Existing Approvals and Mitigation Measures shall govern. 7.25 Legal Advice; Neutral Interpretation; Headings and Table of Contents. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. The headings and table of contents used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement. 7.26 Counterparts. This Agreement is executed in six duplicate originals, each of which is deemed to be an original. -25- DDCSOC/ 1153910v8/022621-0098 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written below. "CITY" CITY OF ANAHEIM, a municipal corporation and charter city Dated: gy; CURT L. PRINGLE, Mayor. ATTEST: SHERYLL SCHROEDER, CITY CLERK By: SHERYLLSCHROEDER APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY By: JOHN E. WOODHEAD IV Assistant City Attorney "DEVELOPER" ANAHEIM GW LLC, a Delaware limited liability company Dated: gy; ANAHEIM DEVELOPMENT, LLC a Nevada Limited Liability Company Its: SPONSOR -26- DOCSOGI 153910v8/022621-0078 Dated: By~ EXCEL REALTY ANAHEIM, LLC Name: a California Limited Liability Company Its: MANAGER Dated: Dated: DOCSO C/ 1153910v8/022621-0078 By: EXCEL REALTY HOLDINGS, LLC Name: a California Limited Liability Company Its: MANAGER Rv~ Name: WILLIAM J. STONE Its: MANAGER _27_ STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [Seal] STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [Seal] DOCSOC/t 153910x8/022621-0078 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [Seal] STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), .and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [Seal] DOCSOC/1153910v6/022621-0078 EXHIBIT A SITE MAP DOCSOC/ 1153910v 8/022621-0078 ~xxls><T B LEGAL DESCRIPTIONS. Melodyland Parcels: PARCEL A THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK S I, 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 ] 0 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 ]0 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, Attachment No. 2 (Page I) DOCSOC/ 1153910v8/022621-0078 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 ] 13, PAGES 2I 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 I: 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 5OUTHEAST 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 Attachment No. 2 (Page 2) DOCSOC/ 1153910v8/022621-0078 NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT TI-IEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel Z THAT PORTION OF THE SOUTHEAST QUARTER OF SECT[ON 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN 7UAN 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. 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 Attachment No. 2 (Page 3) DOCSOC/ 1153910v8/022b21-0078 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. 1998007]981 OF OFFICIAL RECORDS. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OE PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. 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 Attachment No. 2 (Page 4) DOCSOC/ 1153910v 8/022621-0078 CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF 90° 0T 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° ]3' 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' S2" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. Attachment No. 2 (Page 5) DO C SOC/ 1 153910x8/022621-0078 March 6, 2006 Anaheim GW, LLC 17140 Bernardo Center Drive, Suite 310 San Diego, CA 92128 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 6, 2006. - 3a. 3b. 3c. 3d. 3e. 3f. 3g. 3h. 3i. Owner: Anaheim GW, LLC, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Zabys LP, 444 W. Katella Avenue, Anaheim, CA 92802-3608 Pyrovest Corp, 1101 East Garvey Avenue #208m Monterey Park, CA 91755-3055 Agent: William J. Stone, Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128. City of Anaheim, Planning Department 200 South Anaheim Boulevard Location: Multiple Properties: The Anaheim GardenWalk (formerly known as "Pointe Anaheim") project site is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding °' Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and.a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a pgint 615 feet south of the centerline of Disney Way. The project site consists of two areas. Area A consists of 20.3 acres on the east side of project. Area B consists of an 8.8 acre parcel located at the southwest corner of Harbor Boulevard and .Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard: ueciarauonimmcation Monitorina Prooram No 004a - A request for determination that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a is adequate to serve as the required environmental documentation for the proposed project actions. General Plan Amendment No. 2005-00440 -Request for an amendment to the Land Use Element, Table LU-4, "General Plan Density Provisions for Specific Plans within The Anaheim Resort and for the Platinum Triangle Area" to reflect the proposed modifications to the Anaheim GardenWalk project:.. Amendment No. 6 to The Disneyland Resort Specific Plan No 92-1 -Request fpr an amendment to the Specific Plan including, but not limited to, the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, and Zoning and Development Standards to reflect the proposed modifications to the Anaheim GardenWalk project. Amendment to Conditional Use Permit No 4078 -Request for an amendment to the Conditional Use Permit to reflect the proposed modifications to the Anaheim GardenWalk project including modifications to the previously-approved waiver of minimum number of parking spaces and conditions of approval: o w uie nrsc r,menaea ana r<escateo ueveiooment Agreement No 99-011-:Request for a recommendation to the City Council on a proposed amendment to the Development Agreement to reflect the proposed modifications to the Anaheim GardenWalk project. Tentative Parcel Mao No. 2002-205 -Request to establish a 7-lot, including 1 air- space, non-residential condominium subdivision for a portion of the Anaheim GardenWalk project site. Final Site Plan No. 2006-00002 -Request for approval of a Final Site Plan for approximately 439,600 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters, and parking facilities encompassing 3,200 parking spaces and 15 bus parking spaces within Area A. ACTION: Commissioner offered a motion, seconded by Commissioner and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to permit a 7-lot, including 1 air space, non-residential condominium subdivision for a portion of the Anaheim GardenWalk project site and does hereby determine by its Resolution No. PC2006-_ that the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with the Second Addendum dated March 1, 2006 and the 'Modified Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental documentation for the proposed project actions. Commissioner offered a motion, seconded by Commissioner and MOTION GARRIED, that the Anaheim Planning Commission does hereby approve Tentative Parcel... Map No. 2002-205, to establish a 7-lot, including 1air-space, non-residential condominium subdivision for a portion of the Anaheim GardenWalk project site, based on the finding that (a) the proposed parcel map for a commercial subdivision (non-residential) is consistent with the Generat Plan and The Disneyland Resort Specific Plan as proposed for amendment pursuant to General Plan Amendment No. 2005-00440 and Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 and (b) the site is physically suitable for the proposed type of development and therefore would not cause public health problems or environmental damage, subject to the following conditions: 1. The Final Map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 2. That the approval of this parcel map shall be contingent upon the approval and adoption of General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, and approval of Conditional Use Permit No. 4078, as amended. 3. That prior to approval of the final parcel map, vehicular access rights to all public streets adjacent to subject parcel, except at approved access points, shall be released and relinquished to the City of Anaheim, to the satisfaction of the Department of Putilic Works. 4. That prior to recordation of the parcel map, an unsubordinated covenant providing for reciprocal access andlor 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. 5. That prior to approval of the final parcel map, all parcels shall be assigned street addresses by the Building Division. 6. That prior to approval of the Final Map, Condition Nos. 1, 2, 3, 4, and 5 above- mentioned, shall be complied with. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 8. That the property owner/developer shall be held responsible for compliance with the mitigation measures and for implementation of the project design features identified in Modified Mitigation Monitoring Plan 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 Plan No. 004a. Modified Mitigation Monitoring Plan No. 004a, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cc: William J. Stone, Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 TPM2002-205_Excerpt_ March 6, 2006 Anaheim GW, LLC 17140 Bernardo Center Drive, Suite 310 San Diego, CA 92128 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 6, 2006: 3a. 3b. 3c. 3d. 3e. 3f: 3g. 3h. 3i. Owner: Anaheim GW, LLC, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 9212& Zabys LP, 444 W. Katella Avenue, Anaheim, CA 92802-3608 Pyrovest Corp, 1101 East Garvey Avenue #208m Monterey Park, CA 91755-3055 Agent: William J. Stone; Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128. City of Anaheim, Planhing Department 200 South Anaheim Boulevard Location: Multiple Properties: The Anaheim GardenWalk (formerly known as "Pointe Anaheim") project site is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The projectsite has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding- -- Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The project site consists of two areas. Area A consists of 20.3 acres on the east side of project. Area B consists of an 8.8 acre parcel located at the southwest corner of Harbor Boulevard and Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard (Area B). uectaration/Mitigation Monitoring Program No 004a - A request for determination that the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative DeclarationlMitigation Monitoring Program No. 004a is adequate to serve as the required environmental documentation for the proposed project actions. General Plan Amendment No. 2005-00440 -Request for an amendment to the Land Use Element, Table LU-4, "General Plan Density Provisions for Specific Plans within The Anaheim Resort and for the Platinum Triangle Area" to reflect the proposed. modifications to the Anaheim GardenWalk project. Amendment No. 6 to The Disneyland Resort Specific Plah No 92-1 =Request for an amendment to the Specific Plan including, but not limited to, the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency; and Zoning and Development Standards to reflect the proposed modifications td theAriaheim GardenWalk project. Amendment to Conditional Use Permit No. 4078 -Request for an amendment to the Conditional Use Permit to reflect the proposed modifications td the Anaheim GardenWalk project including modifications to the previously-approved waiver of minimum number of parking spaces and conditionsbf approval ~ w uie rrrsc rlmengeg ang rcestareg ueveiooment Agreement No 99-011- Request for a recommendation to the City Council on a proposed amendment to the Development Agreement to reflect the proposed modifications to the Anaheim GardenWalk project. Tentative Parcel Mao No. 2002-205 -Request to establish a 7-lot, including 1 air- space, non-residential condominium subdivision for a portion of the Anaheim GardenWalk project site. Final Site :Plan No. 2006-00002 -Request for approval of a Final Site Plan for approximately 439,600 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters, and parking facilities encompassing 3,200 parking spaces and 15 bus parking spaces within Area A. ACTION: Commissioner offered a motion, seconded by Commissioner and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal of a Final Site Plan for approximately 439,600 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters, and parking facilities encompassing 3,200 parking spaces and 15 bus parking spaces within Area A and does hereby determine by its Resolution No. PC2006-_ that the previously-approved Pointe Anaheim Initial Study and 'Mitigated Negative Declaration together with the Second Addendum dated March 1, 2006 ' and the Modified Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental documentation for the proposed project actions. A Mitigation.... Monitoring Plan No. 004a(1) has been prepared and is on file in the Planning Department. Commissioner offered a motion, seconded by Commissioner and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Final Site Plan (identified as Exhibit Nos. 1 through 17 on file in the Planning Department) based on the finding that the Final Site Plan No. 2006-00002 is in conformance with The Disneyland Resort Specific Plan No. 92-1, as amended, and Conditional Use Permit No. 4078, as amended. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cc: William J. Stone, Excel Realty Holdings, 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 F S P 2006-00002_Exce rp t_