Resolution-PC 2011-055RESOLUTION NO. PC2011 -055
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THE THIRD
ADDENDUM TO THE PREVIOUSLY- APPROVED POINTE ANAHEIM INITIAL STUDY /MITIGATED
NEGATIVE DECLARATION ANAHEIM GARDENWALK PROJECT SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF CONDITIONAL USE PERMIT NO. 4078, AS AMENDED, INCLUDING MODIFICATIONS TO THE
MIX AND ALLOCATION OF LAND USES, THE WAIVER OF MINIMUM NUMBER OF PARKING
SPACES, THE CONDITIONS OF APPROVAL AND THE EXHIBITS (CUP4078E)
(DEV2010- 00166)
WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-
136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex consisting of up to 565,000 gross square feet of retail /dining /entertainment uses;
two to three hotels comprising 1,050 rooms /suites with approximately 86,965 gross square feet of related
accessory uses (the hotel rooms /accessory uses would encompass a maximum of 923,800 gross sq.ft.)
and an approximately 141,200 gross sq. ft. area on the top floor of the parking structure to be used to
provide parking and /or hotel amenities serving guests and patrons of the Pointe Anaheim hotels only; up
to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24- screen movie
theater with 4,757 seats; a 1,600,000 gross sq.ft. parking structure with 4,800 striped parking spaces and
25 bus spaces with provision to park an additional 400 vehicles, which would bring the total number of
vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross sq.ft. bus
terminal /facility for airport transport and to /from sightseeing venues; and waiver of the minimum number
of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with provision for an additional
400 vehicles which would bring the total number of vehicles that can be accommodated in the parking
structure to 5,200); with development of the project to take place in a single phase; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution
No. 2002R -57, amend Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle
Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of
retail /dining /entertainment uses (which includes a 94,000 sq.ft. aquarium); up to four hotels
comprising a maximum of 1,662 hotel rooms /suites (of which up to 200 units may be Vacation
Ownership Resort units) with approximately 322,071 gross sq. ft. of related accessory uses, of
which up to 178,120 gross sq. ft on top of the parking structure may be used for a hotel conference
center (the hotel roams/suites and accessory uses would encompass a maximum of 1,370,711
gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped parking
spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal /facility for airport transport and 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
proposed at full project build -out); and,
WHEREAS, on December 14, 2004, the City Council did, by its Resolution No. 2002R-
253 amend Conditional Use Permit No. 4078, to extend the date by which the developer must commence
construction of the Initial Phase of Development (from within 3 years after February 26, 2002 to February
26, 2006) and to reflect the name of the new owner (Anaheim GW, LLC); and
WHEREAS, on December 12, 2005, the Planning Commission, by its Resolution No.
PC2005 -160, approved an amendment to Conditional Use Permit No. 4078, to extend the date by which
the developer must commence construction of the Initial Phase of Development (from February 26, 2006
to February 26, 2007); and
WHEREAS, on April 11, 2006, the City Council did, by its Resolution No. 2006 -063,
approved an amendment to Conditional Use Permit No. 4078, to modify the Anaheim GardenWalk project
(formerly Pointe Anaheim Lifestyle Retail and Entertainment Complex) to permit the following: 569,750
gross square feet of retail /dining /entertainment uses, including movie theaters; 1,628 hotel rooms
(including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a
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transportation center, and 4,800 parking spaces and 15 bus spaces with a 10,200 sq. ft.
bus terminal /facility; and with a waiver of the minimum number of parking spaces (6,984 spaces required,
up to 4,800 spaces proposed at full project build -out); and
WHEREAS, on September 27, 2010, pursuant to Chapters 18.66, 18.68, 18.72 and
18.114 of the Anaheim Municipal Code, Peter Houck, as authorized agent for Katella Anaheim Retail,
LLC, submitted applications for General Plan Amendment No. 2010- 00061, Amendment No. 8 to The
Disneyland Resort Specific Plan, Amendment No. 3 to the Second Amended and Restated Development
Agreement No. 99 -01 by and between the City and Katella Anaheim Retail, LLC, and amendments to
Conditional Use Permit No. 4078 and Final Site Plan No. 2006 -00002 (hereinafter referred to as the
"Proposed Project Actions"), all of which applications pertain to the Anaheim GardenWalk Overlay of The
Disneyland Resort Specific Plan, as more particularly shown in Exhibit "A ", attached hereto and
incorporated herein by this reference; and
WHEREAS, the retail, dining and entertainment uses and associated parking facilities for
Anaheim GardenWalk have been subsequently developed in accordance Conditional Use Permit No.
4078 within a three -story concourse featuring landscaping, fountains, and seating areas. Tenants include
a mix of general purpose merchandise stores; full - service restaurants; specialty and walk -up /fast food
establishment; bar /nightclubs; a 14-screen movie theater; a 20,000- square foot fitness facility; and a 44-
lane bowling facility. The concourse structure also includes back -of -house areas such as management
and security offices, service corridors, utility rooms, and loading areas. The constructed parking facilities
include a multi -level parking garage with 2,606 parking spaces and a transportation center with parking
for 15 buses. In addition, a concierge /ticket service and Police substation are located on the ground floor;
and,
WHEREAS, although the current permitted development intensity allows up to 439,600
square feet of retail, dining and entertainment uses; the applicant has identified approximately 449,115
square feet of existing building space that could be leased to accommodate retail, dining and
entertainment uses. These 9,515 square feet of potential retail, dining and entertainment space reflects a
reclassification of a limited amount of back -of -house and circulation areas, utilizing 2,500 square feet of
the Transportation Center for retail, dining and entertainment uses, and updated as -built drawings
demonstrating that the existing retail, dining and entertainment square footage is slightly larger than
previously indicated on the Final Site Plan; and,
WHEREAS, the proposed amendments relate to the mix and allocation of land uses,
project layout and minor modifications to project conditions of approval and exhibits for the development
of 590,265 square feet of retail, dining and entertainment uses, 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 proposed amendments would modify the conditions of approval
previously approved by City Council Resolution No. 2006 -063, as indicated in Exhibits "B" attached to this
Resolution and incorporated herein by this reference as if set forth in full; and
WHEREAS, the proposed amendment would update Conditional Use Permit No. 4078 to
revise and consolidate the Project Description and Project Summary and update Exhibits 3A -3C (floor
plans for building levels 1 -3) to reflect the proposed mix and allocation of land uses and project layout, as
shown in Exhibits "C" and "D" attached to this Resolution and incorporated herein by this reference as if
set forth in full; 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 July
6, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, 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
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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.
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
and 18.114.110.010.0104
- Minimum number of parking spaces.
(7,198 required;
4,800 total in Areas A and B proposed)
6. That the waiver of minimum number of parking spaces is hereby approved on the basis
of the information contained in the Transportation Analysis Update dated March 17, 2011, prepared by
Iteris, Inc (hereinafter referred to as the "Traffic Study"), which has been incorporated into the Addendum
to the Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project. The
Traffic Study included a parking analysis that determined that the peak parking demand for build -out of
the Anaheim GardenWalk Overlay (Development Areas A and B) to be 3,793 spaces at 8:00 PM on a
Friday night; and, therefore this demand could be accommodated by the proposed 4,800 parking spaces
in Areas A and B. Additionally, the Traffic Study determined that the currently constructed parking
facilities, which include 2,606 striped parking spaces, would accommodate the peak parking demand for
the proposed retail, dining and entertainment uses within Area A and would provide a surplus of at least
339 parking spaces at all hours of the day. Furthermore, upon the future construction of the hotels within
Area A, valet parking will be used as needed to accommodate a shortfall of 42 parking spaces between
the parking spaces that are proposed to be constructed (3,200 parking spaces) within Area A and the
projected peak demand of the hotel and retail, dining and entertainment uses at 8:00 p.m. (3,242 parking
spaces). The applicant has submitted a conceptual valet parking plan that indicates areas of the parking
facility that can be used for valet parking to accommodate an additional 204 parking spaces. This valet
plan provides for a total of 3,404 parking spaces, a 5% margin an top of the projected peak parking
demand;
7. That on- street parking is not provided on any of the streets in the immediate vicinity of the
proposed project, so visitors to the project would not expect to park on the street; that visitors will park in
the on -site parking structures provided at the Anaheim GardenWalk project; and that, therefore, the
waiver will not increase the demand and competition for parking spaces upon the public streets in the
immediate vicinity of the Anaheim GardenWalk project.
8. That, as demonstrated in the Traffic Study, the Anaheim GardenWalk parking structure
will provide adequate spaces to meet the project's parking demands on -site, so the waiver will not
increase the demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Anaheim GardenWalk project.
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9. That on -site circulation in the parking structure will be designed to minimize congestion
on -site and that within sixty (60) days of the approval of this conditional use permit, the property owner or
his /her designee will submit an updated Parking Maintenance and Operation Plan, as required by
Mitigation Monitoring Program No. 004a. In addition to review and approval by the Planning Department,
the plan will also be submitted for review and approval by the Chief of Police or his/her designee. The
plan shall promote a safe environment for the circulation of persons and vehicles and the prevention
crime within the parking facilities. This plan shall include measures to ensure reasonable egress times for
vehicles out of the parking lot in order to avoid congestion. Any amendments to the plan shall be filed with
the Police Department, Vice Detail and the Planning Department. Therefore, the waiver will not increase
traffic congestion within the off - street parking areas or lots provided for such use.
10. That City's Traffic and Transportation Manager has reviewed the Traffic Study and
determined that the proposed Anaheim GardenWalk driveway entry and exit locations are appropriate for
the project site; and that with the installation of a right -turn lane on the south side of Disney Way and
installation of dual left turn lanes prior to development of Area B for west -bound traffic along Disney Way
to the signalized project entry between Harbor Boulevard and Clementine Street, the waiver, pursuant to
the mitigation measures set forth in Modified Mitigation Monitoring Program No. 004a, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the use, as proposed to be modified.
11. That the proposal is consistent with the goals and policies of the Anaheim General Plan,
as proposed for amendment pursuant to General Plan Amendment No. 2010 - 00481, and with the
purposes, standards and land use guidelines therein.
12. That as demonstrated in the findings for approval of Amendment No. 8 to The Disneyland
Resort Specific Plan No. 92 -1 (SPN2010- 00061), which proposes to amend the specific plan to reflect the
modification in the allocation of land use to reflect the proposed project, the proposed Anaheim
GardenWaik uses will not adversely affect the adjoining and uses and the growth and development of the
area in which said uses are proposed to be located.
13. That inasmuch as the Anaheim GardenWalk project is proposed to be developed in
accordance with the zoning and development standards set forth for the Anaheim GardenWalk Overlay,
as proposed for amendment pursuant to Amendment No. 8 to The Disneyland Resort Specific Plan No.
92 -1, the size and shape of the site for the proposed use is adequate to allow full development of the
proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
14. That as demonstrated in the Traffic Study, the traffic generated by the proposed use will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
15. That granting this conditional use permit, under the conditions of approval herein, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
16. That this conditional use permit entitles the uses, maximum gross square footage and
conceptual site plans and elevations associated with the Anaheim GardenWalk project, as set forth in
Code Section No. 18.114.105.030 (Anaheim GardenWalk Density) of The Disneyland Resort Specific
Plan No. 92 -1, as proposed for amendment; and that detailed Final Site Plans are required to be
submitted for Planning Commission review and approval as "Reports and Recommendations" items prior
to approval of the first grading plan or subdivision plan or prior to issuance of the first building permit,
whichever occurs first, for each development phase.
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
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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 the proposed amendments to
Conditional Use Permit No. 4078, and did find and determine and recommend that the City Council find
and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based
upon its independent review and consideration of the Third Addendum to the previously- approved Pointe
Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation
Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements
of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the
CEQA Guidelines, and the evidence received at the public hearing, that the Third Addendum to the
previously - approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk
Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required
environmental documentation for this amendment to Conditional Use Permit No. 4078 and satisfy all of
the requirements of CEQA, and that no further environmental documentation need be prepared for said
amendment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby recommend City Council approval of Conditional Use Permit No. 4078, as proposed for
amendment, with a waiver of minimum number of parking spaces, subject to the conditions of approval
approved by City Council Resolution No. 2006 -063 with the modifications described in Exhibit "B"
attached hereto and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the safety and general
welfare of the Citizens of the City of Anaheim.
BE IT 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 hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that timing for compliance with conditions of approval may
be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of the
proposed request only to the extent that it complies with the Anaheim 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 6, 2011. Said Resolution is subject to the appeal provisions set fort��-n Chapter 18.60 (Procedures)
of the Anaheim Municipal Code pertaining to appeal procedures and_rr-,6y - be replaced by a City Council
Resolution in the event of an appeal.
(,�
CHAIRMAN, ANIiH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
ABSENT: COMMISSIONERS: KARAKI
ATTEST: _ -
C
SENIOR SECIETARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, 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 July 6, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6 day of July, 2011.
SENIOR SECRL ARY, ANAHEIM CITY NING COMMISSION
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EXIIIBIT "A"
DEV2010 -00166
I I
APNs:
082 -551 -08 082 - 271 - 10
082 - 551 -01 082 - 551 -06
082 - 551 -04 082 - 551 -05
082- 551 -07 082 -551 -10
082 -551 -12 082- 271 -09
082 -551 -11 082 - 551 -03
082 -551 -09 082 -551 -02
773.51
W_DISNEY WAY
1,490'
W KATELLA AVE
708'
f
Source: Recorded Tra t Maps and/or City GIS.
Please note the accuracy is +h two to five feet.
11121
-7-
PC2011 -055
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
Conditions from City Council Resolution No. 2006 -063 that are proposed to be modified
(deletions are shown in strilethfough; additions are shown in bold and underline) .
34
That in connection with submittal of the first Final
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
Plannin g
g
A. A sign theme /concept which demonstrates an
overall appearance quality and type of sign,
banner or other display device; the quality of
such signage shall be equivalent to those utilized
at Universal City Walk, Fashion Island or Irvine
Spectrum. This is a quality standard and is not
intended, nor does it provide, additional signage
rights or permit any specific type of sign which
does not conform with the signage regulations
set forth in The Disneyland Resort Specific Plan,
as amended per the Anaheim GardenWalk
Overlay.
B. Sign criteria for interior corporate sponsorship
displays (said displays could include
"jumbotrons," banners or placards) which are
oriented towards the interior of the Anaheim
GardenWalk project. The staff report to the
PIanning Commission shall include a
recommendation by the Planning Director
regarding his or her determination as to the
orientation of such displays. Such displays shall
not be visible from the public right -of -way at an
equal elevation as the Anaheim GardenWalk
property line (measured at five (5) feet above the
grade of the sidewalk on the opposite side of the
street from the Anaheim GardenWalk project)
except through the limited view corridors set
forth in the Anaheim GardenWalk Overlay
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 4078E
(DEV2010- 00166)
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-
Signage Icon/Themcd Signage Element
and
Plan" The Disneyland Resort Specific Plan No
of
91 2 document).
C. Sign criteria limiting interior wall signs from
projecting more than fifty percent (50 %) of the
vertical height of the sign above the roof parapet
or fifty (50 %) of the horizontal length of the sign
beyond the side of a building.
D. Sign Criteria consistent with the adopted sign
regulations for the Anaheim GardenWalk
Overlay.
E. Standards for maintenance and replacement of
damaged/broken signs and banners and
installation and maintenance of changeable sign
copy neon signage or electronic readerboards.
35
Prior to issuance of building permits for the retail
and parking structure component of Area A, the
property owner /developer shall submit final design
plans for the icon/themed signage element indicated
Exhibit No. 5.8.3.f.5 The Disneyland Resort
planning
on of
Specific Plan No 91 2 Exhibit No 12 this
and of
conditional use permit and that the height of the icon
element would be reduced from a maximum height
of 120 feet to a maximum height of 75 feet as
measured from the grade level of the sidewalk on
Disney Way and that lighting on the icon will be
limited to subtle lighting that slowly changes colors.
If the icon element does not include any signage
visible from the public rights -of -way at an equal
elevation as the Anaheim GardenWalk property line
(measured at five (5) feet above the grade of the
sidewalk on the opposite side of the street from the
Anaheim GardenWalk project), plans shall be
reviewed by the Planning Director for substantial
conformance with the Final Site Plans. If the icon
includes any signage, a conditional use permit in
compliance with Section 18.114.130.020.0201.02(b)
and 18.114.130.060.0602.05 shall be required, with
the maximum height and design of the element
subject to the review and approval of the Planning
Commission. Preliminary design plans for said icon/
themed element without signage shall be shown on
plans submitted as part of Final Site Plans subject to
the review and approval of the Planning
Commission. Said plans shall include the location,
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PC2011 -055
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PC2011 -055
design, height, dimensions, and lighting scheme of
the iconithemed 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
patella Avenue , as-depicted in Exhibit Nos. 5.8.3.f.6,
5.8.3.f.7, and 5.8.3.f.8 The Disneyland Resort
of
Speed No 91 2.
-Plan
42
That the subject property shall be developed in
substantial conformance with plans and
specifications submitted to the City of Anaheim by
the applicant and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through
12 of Conditional Use Permit No. 4078 and Exhibit
Nos. 1 through 17 of Final Site Plan No. 2006 -00002
(which includes Exhibits Nos. 1 through 12 of
Conditional Use Permit No. 4078), as amended.
Planning
The Anaheim GardenWalk project shall be
developed in accordance with the quality, design and
architectural integrity as shown on the exhibits.
69
That granting of the parking waiver is contingent
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
Planning
Updated, dated February 26, 2006, Transportation
Analysis Update prepared by Iteris, Inc for the
Addendum to the Pointe Anaheim Initial
StudvlMitigated Negative Declaration Anaheim
GardenWalk Project, dated March 17, 2011, that
formed the basis for approval of said waiver.
Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions and /or
conclusions, as contained in the Anaheim
GardenWalk Transportation Analysis Update dated
February 28, 2006 Transportation Analysis
Update prepared by Iteris, Inc for the Addendum
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PC2011 -055
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to the Pointe Anaheim Initial Study/Mitigated
Negative Declaration Anaheim GardenWalk
Project, dated March 17, 2011 shall be deemed a
violation of the expressed conditions imposed upon
said waiver which shall subject this conditional use
permit to termination or modification pursuant to the
provisions of the Anaheim Municipal Code.
72
That the Anaheim GardenWalk project shall be
developed in
Planning
accordance with
forth in Development Agreement
provisions, as set
No. 99 -01, as amended.
A. The /developer
property owner shall obtain
building
and other p---.
.
the facility
construction of retail and parking
the Initial Phase A)
components of (Area on or
before February 26, 2007,
B. The /developer the
property owner shall complete
the
construction of and open retail and parking
facility the Initial Phase
components of within a
two
period of (2) years after commencement of
the Initial Phase.
construction of
C. The /developer
property owner shall obtain
Final Site thc
approval of plans. obtain appropriate
building
and other permits, and comma
construction of thc three hotels
anyone of proposed
in Area A four the date
within years of effective of
D. The /developer
property owner shall obtain
Final Site Plans, the
approval of obtain appropriate
building
and other permits, and commence
the
construction of ach of remaining project
Area A the two
elements within (including
immediately
commencement of construction of the
prior project element and complete construction and
that
months after commencement of construction of
m
p r_ e j e e l nt
N '
7
That approval of this conditional use permit is
contingent upon the approval and adoption of
General Plan Amendment No. 2005 2010-
Planning
-80440
00481 and Amendment No. 6-8 to The Disneyland
Resort Specific Plan No. 92 -1.
PC2011 -055
76
That to issuance by City
Planning
prior of any permit the of
Anaheim for development
construction of any within
the Anaheim GardenWalk
project, all pre existing
land buildings
uses, and structures on the property
development have
underlying said phase(s) shall
been that
removed; and the property
e eleper have the
shall obtaixed appropriate
buildings In
of such or structures. no event shall any
land building,
use, structure and/or other
improvement in the
approved connection with
Anaheim GardenWalk be in
project allowed addition
New Conditions
83
The owner /manager of any business licensed by the
State Department of Alcoholic Beverage Control
and/or which requires an Entertainment Permit from
the City of Anaheim shall submit a detailed security
plan for approval of the Chief of Police or his /her
designee that includes security measures including
the number of security personnel. Security personnel
will comply with Business and Professions Code
7574. Any amendments to the plan shall be
approved by the Chief of Police or his/her designee
and shall also be filed with the Police Department,
Vice Detail and the Planning Department.
Police
84
Within sixty (60) days of the approval of
Conditional Use Permit No. 4078E. the property
owner or his /her designee shall submit a detailed
security plan to address the additional security needs
created by the changing tenant mix. This plan should
included minimum staffing levels by day and time.
Once approved, a copy of the security plan shall be
maintained with the Police Department, Vice Detail
and the Planning Department. Any amendments to
the plan shall be approved by the Chief of Police or
his /her designee and shall also be filed with the
Police Department, Vice Detail and the Planning
Department.
Police
85
Within sixty (60) days of the approval of
Conditional Use Permit No. 4078E, the property
owner or his /her designee shall submit an updated
Parking Maintenance and Operation Plan as required
by Mitigation Monitoring Program No. 004. In
addition to review and approval by the Planning
Department, the plan shall also be submitted for
Police
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PC2011 -055
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review and approval by the Chief of Police or his /her
designee. The plan shall promote a safe
environment for the circulation of persons and
vehicles and the prevention of crime in the parking
facilities. This plan shall include measures to ensure
reasonable egress times for vehicles out of the
parking lot in order to avoid congestion. Any
amendments to the plan shall be filed with the Police
Department, Vice Detail and the Planning
Department.
86
Following the issuance of a Certificate of
Occupancy for build -out of the hotels within Area A,
project ownership will implement a valet program
during peak demand periods that will create
sufficient additional parking supply to satisfy such
demand. The valet program shall be implemented in
accordance with the Parking Maintenance and
Operations Plan.
Planning
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EXHIBIT "C"
Revised and Consolidated Project Description/Project Summary
The narrative and tables below are intended to replace the existing Project Description and
Project Stan/nary in their entirety.
The Anaheim GardenWalk project is located within the Disneyland Resort Specific Plan in The
Anaheim Resort, City of Anaheim, California. The irregularly- shaped project site consists of
approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney
Way and Katella Avenue (excluding Fire Station No. 3 at 1713 -1717 South Clementine Street).
The project site is currently developed with a three -story concourse featuring landscaping,
fountains, and seating areas. Tenants include a rnix of general purpose merchandise stores; full -
service restaurants; specialty and walk -up /fast food establishment; bar /nightclubs; a 14- screen
movie theater; a 20,000- square foot fitness facility; and a 44 -lane bowling facility. The
concourse structure also includes back -of -house areas such as management and security offices,
service corridors, utility rooms, and loading areas. The constructed parking facilities include a
multi -level parking garage with 2,606 parking spaces and a transportation center with parking for
15 buses. In addition, a concierge /ticket service and Police substation are located on the ground
floor.
The following actions will be considered as part of the request to amend existing entitlements for
the previously - approved project: amend the City of Anaheim General Plan Land Use element,
Table LU -4; General Plan Density Provisions for Specific Areas of the City; amend the
Disneyland Resort Specific Plan (SP 92 -1), including zoning and development standards; amend
Conditional Use Permit No. 4079; modify the previously approved waiver of minimum number
of parking spaces; amend Development Agreement No. 99 -01: and, amend Final Site Plan No.
2006 - 00002.
Implementation of the proposed project would allow development of 590,265 square feet of
specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms
(including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a
transportation center; and, 4,800 parking spaces. A comparison between the originally -
approved, currently- approved and the proposed project is shown in Table 1.
The project includes two development phases. The first phase includes the development of
approximately 20.3 acres of the project site (Area A on the Location Map) with 460,115 square
feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,266 hotel
rooms (including up to 400 vacation ownership units) and 216,820 square feet of hotel accessory
uses, a transportation center, and 3,200 parking spaces. See Table 2 for approved and proposed
development intensities for Area A and Table 3 for proposed development intensities by floor.
The remaining 8.8 acres (Area B on the Location Map) would be developed as a subsequent
phase with up to 130,150 square feet of specialty retail, restaurants, and entertainment uses, 362
hotel rooms (including up to 100 vacation ownership units) and 61,997 square feet of hotel
accessory uses, and 1,600 parking spaces. See Table 4 for approved development intensities for
Area B.
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Land Use
Approved
(gross square feet
unless otherwise
noted)
Proposed
(gross square feet
unless otherwise
noted)
Difference
(gross square feet
unless otherwise
noted)
Hotels
Number
3 hotels
3 hotels
0
Rooms
1,266 rooms (including
up to 400 vacation
ownership units)
1,266 rooms (including
up to 400 vacation
ownership units)
0
Hotel Accessory Uses
216,820
216,820
0
Retail /Dining /Entertainment (RDE)
Specialty Retail
275,500
133,683
- 141,817
Dining
98,100
148,188
50,088
Entertainment
66,000
178,244
1,716,441
Total RDE
439,600
460,115
20,515
Parking
Structured /Covered
Parking
1,299,867
3,200 auto spaces
15 bus spaces
1,299,867
3,200 auto spaces
15 bus spaces
0
Bus Terminal /Facility
10,200
7,700
-2,500
Land Use
Original
(gross square feet unle
otherwise noted)
Currently Approved
(gross square feet unle
otherwise noted)
Proposed Project
(gross square feet unle
otherwise noted)
Hotels
Number
2 or 3 hotels
4 hotels
4 hotels
Rooms
1,050 rooms
1,628 rooms
1,628 rooms
Hotel Accessory Uses
86,985
278,817
278,817
Retail /Dining /Entertainment (RDE)
Specialty Retail
335,000
389,850
248,033
Dining
140,000
113,900
163,988
Entertainment
90,000
66,000
178,244
Total RDE
565,000
569,750
590,265
Parking
Structured /Covered Parkin
1,600,000
4,800 auto spaces
25 bus spaces
1,949,800
4,800 auto spaces
15 bus spaces
1,949,800
4,800 auto spaces
15 bus spaces
Bus Terminal /Facility
21 ,600
10,200
7,700
Roof Top Family
Entertainment Center
141,200
0
0
Table 1: Original, Approved and Proposed Development Intensities Areas A and B Combined
Table 2: Approved and Proposed Development Intensities for Area A
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PC2011 -055
Land Use
Approved (gross square feet unless otherwise noted)
Hotels
Number
1 hotel
Rooms
362 rooms (including up to 100 vacation ownership units)
Hotel Accessory Uses
61,997
Retail /Dining /Entertainment (RDE)
Specialty Retail
114,350
Dining
15,800
Entertainment
0
Total RDE
130,150
Parking
Structured /Covered
Parking
649,933
1,600 auto spaces
0 bus spaces
Bus Terminal /Facility
0
Land Use
Level 1
(gross square
feet)
Level 2
(gross square
feet)
Level 3
(gross square
feet)
Total
(gross square
feet)
Retail, Dining and
Entertainment
74,647
240,562
144,906
460,115
Transportation
Center /Office Facilities
2,576
0
0
2,576
Table 3: Area A Retail, Dining and Entertainment (RDE) Uses and
Transportation Center /Office Facilities by Floor
Table 4: Approved Development Intensities for Area B (No Changes Proposed)
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EXHIBIT "D"
Revised Floor Plans for Levels 1 -3
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