5581ORDINANCE NO. 5581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM (i) APPROVING DEVELOPMENT
AGREEMENT NO. 96-01 BY AND BETWEEN THE CITY
OF ANAHEIM AND WALT DISNEY WORLD CO. A
DELAWARE CORPORATION, (ii) MAKING CERTAIN
FINDINGS RELATED THERETO, AND (iii)
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of
Title 7 of the Government Code of the State of California
(hereinafter "Statute") authorizes a city to enter into a
contract which is called a development agreement in order to
establish with certainty what regulations will govern the
construction of a development; and
-- WHEREAS, the City of Anaheim, as a charter city, has
heretofore enacted Ordinance No. 4377 (hereinafter "Enabling
Ordinance") making the City subject to the Statute; and
WHEREAS, pursuant to Section 65865 of the Statute, the
City heretofore enacted Resolution No. 82R-565 (hereinafter
"Procedures Resolution") establishing procedures and requirements
for the consideration of development agreements upon receipt of
an application; and
WHEREAS, pursuant to Section 65864, et. seq. of the
Statute, Walt Disney Imagineering, authorized agent for the Walt
Disney Company and The Walt Disney World Co., a Delaware
Corporation, has heretofore submitted an application to the City
for approval of Development Agreement No. 96-01 (hereinafter the
"Development Agreement") to vest certain project entitlements and
further address the implementation of The Disneyland Resort
project; and
WHEREAS, The Disneyland Resort Specific Plan No. 92-1
encompasses approximately 490 acres located within the Anaheim
Resort area of the City of Anaheim generally adjacent to and
southwest of the Santa Ana Freeway between Ball Road and Katella
Avenue (with approximately 24.7 acres located south of Katella
Avenue) and east of Walnut Street, as more specifically described
in said Specific Plan; and
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, the City Council of
the City of Anaheim heretofore 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 establishment of Zoning and
Development Standards for Specific Plan No. 92-1 by the addition
of Chapter 18.78 to said Code, as said Ordinances have been
amended from time to time; and
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WHEREAS, the Development Agreement pertains to certain
properties within The Disneyland Resort Specific Plan No. 92-1
Area owned or controlled by the applicant, its successors or
assigns, as more particularly described in the Development
Agreement; and
WHEREAS, in connection with adoption of The Disneyland
Resort Specific Plan No. 92-1, the City Council adopted
Resolution No. 93R-107 certifying Environmental Impact Report No.
311, with a Statement of Findings and Facts and a Statement of
Overriding Considerations, and adopting Mitigation Monitoring
Program No. 0067; and
WHEREAS, pursuant to Section 65867 of the Statute and
Section 2.1 of the Procedures Resolution, the Planning Director
gave public notice of the Planning Commission's intention to
consider a recommendation to the City Council regarding adoption
of the Development Agreement; and
WHEREAS, on August 19, 1996 the Planning Commission did
hold a public hearing upon the Development Agreement, notice of
which hearing was given in a manner required by law; and
WHEREAS, the Planning Commission, by its Resolution No.
PC96-82, which is incorporated herein by this reference, made
certain findings and recommended to the City Council the approval
of the Development Agreement; and
WHEREAS, the City Council did hold a public hearing
upon the Development Agreement, notice of which hearing was given
in the manner required by law; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council, in
Resolution No.96R-ice did find that the Addendum to Final
Environmental Impact Report No. 311 for The Disneyland Resort
Project (the "Addendum") and Modified Mitigation Monitoring
Program No. 0067 were prepared in compliance with the
requirements of CEQA and the State and City of Anaheim CEQA
Guidelines; that as demonstrated by the analysis included in the
Final EIR and Addendum for all environmental issues, the proposed
project actions, including the Development Agreement, will not
result in new significant impacts or substantial increases in the
severity of previously identified significant impacts and no
supplemental or subsequent environmental review is required; and
that the Final EIR along with the Addendum and Modified
Mitigation Program No. 0067 are adequate to serve as the required
environmental documentation for this request; and
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 the
following:
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1. That the project occupies at least fifty acres - The
property owned or controlled by the applicant
encompasses approximately 450 acres;
2. That, upon completion, the project will result in the
construction of at least 250,000 square feet of
commercial/office space - The project will result in
the construction of a total of 5,225,000 new square
feet of theme park, Retail Entertainment Center, and
administrative office space and 4,600 new hotel rooms;
and,
3. That the project will be constructed in phases over an
anticipated period of not less than 5 years - The
Disneyland Resort project will be implemented in three
phases over a 15 -year period. The first phase has been
completed. Phase II will be completed in 2001 and
Phase III is projected to be completed by 2010. It is
anticipated that ongoing internal modifications and
construction would continue during this time period and
beyond.
WHEREAS, the City Council of the City of Anaheim, after
due inspection, investigation and study made by itself and in its
behalf, and after due consideration of and based upon all
evidence and reports offered at said hearing, including the
evidence presented at the Planning Commission meeting and
Planning Commission Resolution No. PC96-82, does find upon review
of the land use aspects of the Development Agreement that:
1. The Development Agreement is within the scope of the
Final EIR and the Addendum, and was contemplated
therein as part of The Disneyland Resort Project.
2. The Development Agreement is consistent with the
General Plan of the City of Anaheim and The Disneyland
Resort Specific Plan No. 92-1.
3. The Development Agreement is compatible with the uses
authorized in and the regulations prescribed for The
Disneyland Resort Specific Plan No. 92-1.
4. The Development Agreement is compatible with the
orderly development of property in the Anaheim Resort
area surrounding The Disneyland Resort Specific Plan
No. 92-1.
5 The Development Agreement is not otherwise detrimental
to the health, safety and general welfare of the
citizens of Anaheim.
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6. The Development Agreement will have an overall positive
effect on the health, safety and welfare of the
residents of and visitors to the City.
7. The Development Agreement constitutes a lawful, present
exercise of the City's police power and authority under
the Statute, the Enabling Ordinance and the Procedures
Resolution.
8. The Development Agreement is entered into pursuant to
and in compliance with its charter powers and the
requirements of Section 65867 of the Statute, the
Enabling Ordinance and the Procedures Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 96-01 be, and the same
is hereby, approved.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute
said Development Agreement for and on behalf of the City.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 22 day of October, 1996.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
SMANN\0020641.01\100196
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MAYOR OF THE ITY OF NAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5581 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 8th day of October, 1996, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 22nd day of October, 1996, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5581 on the 22nd day of October, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd day of October, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5581 and was published once in the North County News on
the 31 st day of October, 1996.
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CITY CLERK OF THE CITY OF ANAHEIM