Resolution-PC 2006-24~ ~
RESOLUTION NO. PC2006-24
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION :
APPROVING CONDITIONAL USE PERMIT N0. 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 OFAPPROVAL
WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-
136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and '
Entertainment Complex consisting of up to 565,000 gross square feet of retail/dining/entertainment uses;
two to three hotels comprising 1,050 rooms/suites with approximately 86,985 gross square feet ofrelated
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 #he 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 UsePermit No. 4078 to permif the Pointe Anaheim Lifestyle
Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of
retail/dining/entertainment uses (which includes a 94,000 sq.ft. aquarium); up to four hotels
comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation
Ownership Resort units) with approximately 322,071 gross sq. ft. of related accessory uses, of
which up to 178,120 gross sq. ft on top of the parking structure may be used for a hotel conference
center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711
gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped parking
spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility for airport transport and to/from
sightseeing venues; with the proposed development taking place in up to five phases; and, with a
waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800 spaces in the
parking structure proposed at full project buildout); and,
WHEREAS, on December 14, 2004, the City Council did, byits 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 Na
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 atld that iS fllrther
described as the Anaheim Plaza Hotel and Suites property located af 1700 South Harbor Boulevard; and
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-' 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#o 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
Amendmenf No. 2005-00440, Amendment Na 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 Na
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 A/Pointe 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 Commercia/ 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 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, said Commission, afterdue inspection, investigation and studymade 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.
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3. That the use, as amended in' its entirety, which is substantially similar to the previously
proposed land use, wi11 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 fult 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 parkinq sqaces.
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, lnc., which parking
demand analysis determined the peak parking demand for Area A#o 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 be 3,158 spaces at 8:00 PM and that inasmuch as up to 4,SOO striped parking spaces and
15 bus parking spaces will be provided pursuant to the mitigation measures set forth in Modified
Mitigation Monitoring Program Na 004a, the waiver will not cause fewer spaces to be proVidetl 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 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; 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 the projecYs 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.
9. That on-site circulation in the parking structure will be designed to minimize congestion
on-site and that pursuant to the mitigation measures set forth in Modified Mitigation Monitoring Program
No. 004a and the Anaheim GardenWalk Overlay zoning and site development standards, the parking
structure layout and signing plan will be reviewed and approved by the Planning Department and,
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 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 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. 0o4a, will not impede
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vehicular ingress to or egress from adjacent properties upon #he public streets in the immediate vicinity of
the use, as proposed tobe modified.
11. That the proposal is consistent with the goals and policies of the Anaheim General Plan,
as proposed for amendment pursuanYto General Plan Amendment Na 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
ResortSpecificPlan`No. 92=1 (Resolution Na PC2006-23), which amends the provisions for#he Anaheim
GardenWalk Overlay and the deYelopment of the Anaheim GardenWalk project, the proposed Anaheim
GardenWalk uses will not adversely affect the adjoining Jand 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 0yerlay,
as, proposed for amendment pursuant to Amendment No. 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 conditionai 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 ResortSpecific
Plan No. 92-1, as proposed for amendment; and that detailed Final Site Plans are required to be
submitted for Planning Commission review and approvai 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 significantty reduce the development of
~ other needed tourist facilities or hotel or motel facilities.
18. That the applicant stipulated at the meeting on March 6, 2006 that the height of one of
the icon elements 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 the applicant described the
icon as a subtle lighted element that slowly changes colors.
CALIFORNIA ENVIRONMENTAL QUALfTY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Proposed Project Actions, including Conditional Use Permit No. 4078, as
amended, and did fir-d and determine and recommend that the City Council find and determine by its
Planning Commission Resolution No. 2006-21, 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, includin Section 21166 of the Cafiforrna Public Resources Cod
CEQA Guidelinesgand the evidence received at the public hearing, that the and Section 15162 of the
e Second Addendum to the
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previously-approved Pointe Anaheim Jnitial Study and Mitigated Negative Declaration together with
Mitigation Monitoring Program No. 004a, are adequate to senre as the required environmental
documentation forthis Conditional UsePermit and satisfy all of the requirements of CEQA, and that no
further environmental documentation need be prepared for this Conditionat Use Permit.
NOW, THEREFORE, BE fT RESOLVED that the Anaheim City Planning Commission
does hereby amend Conditional Use Permit No. 4078, in its entirety, to grant Conditional UsePermit No.
4078, as amended, with waiver of minimum number of parking spaces, subject tothe 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 buildingpermit, unless records indicate previous payment, a fee for
streetlighting purposes shall be,paid to the City of Anaheim based on the length of street frontage
in an amount as established by City Council resolution with credit against the fee given for city-
authorized improvements installed by the property owner/devebper.
2. That prior to approval of street improvement plans, pedestrian walkway lighting plans in the public
rights-of-way sha11 be reviewed and approved by the Public Utilities Departmer-t, 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 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 facilitias -
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 ldentity 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 owner/developer shall pay or cause to be paid all costs associated with replacing the
existing City of Anaheim street light system within the public rights-of-way adjacent to or within
The Disneyland Resort Specific Plan Area with street lights designed in accordance with the
Anaheim Resort Identity Program to the satisfaction of the Public Utilities Department, Electrical
Services Division.
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ENGINEERING `
5. That prior to approval of tentative tract or 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:
A. 3treet cross-sections, including dimensions, labels, General Plan Circulation Element
designation (i.e., Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
6. That prior to approval of each final tract or parcel map, vehicular access rights to all public streets
adjacent to subject tract or parce{, except at approved access points, shall be released and relinquished
to the City ofAnaheim, to the satisfaction of the Department of Public Works.
7. That prior to approval of each street improvement plan, the following shall beprovided for 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 irrigationmaintenance. (The
"Public Realm" is described in subsection 5.3 "Landscape Concept Plan" of Section 5.0
"Design Plan" of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in accordance with landscaping plans in a
timely manner in the event that it is removed, damaged, diseased and/or dies.
8. That all engineering requirements of the City of Anaheim, incfuding 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 speci~cations
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 buifding 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 sha11 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.
11. That prior to approvaf of on-site water pfans, unless each commercial building is initially connected to
separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be
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recorded prohibiting any individual sale of buildings until separate fire services are installed in the
building(s) subject to the sale.
LANDSCAPING :
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 Jandscape plans. Prior to final
building and zoning inspection1 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 owner/developer shaU indicate on said
,plans, to the satisfaction of the Planning Department, Planning Services Division and Department of
Public Works, Resorf 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 8ervices 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 plantpalette 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 sefback area shafl 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 owner/developer in compliance with City standards.
16. 7hat 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 dies. (7he "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 pa{ette utilizing annual color, perennial color and
accent trees, to the satisfaction of the Planning Department.
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NOISE
20. That prior to'issuance of grading and/or building permits, the property owner/developer shall document
on grading `and/or building plans that a construction barrier af the construction project perimeter areas
(adjacent to public rights-of-way and/or other private property) be installed prior to commencement of
construction activity. Subsequent to installation, property owner/developer shall notify the Planning
Department, Planning Services Division that said construction 6arrier has been installed. The
construction sound barriers shall be a minimum height of eight (8) feet with a minimum surface weight
of one and one-quarter pounds (1.25 Ibs.) per square foot or a minimum Sound Transmission Class
Rating (STG) of 25. The structure shall be a continuous barrie~. Gates and other entry doors shall be
constructed with suitabte 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 theparking facilities and private streets or on-site roadways shall be
performed utilizing sweeping/scrubbing equipment which operates at a sound level measuring not
greater than 60 dBA at the'nearest adjacent property line.
22. 7hat 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 impacf 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 Na 82-1, as
amended.
25. That eachFinal 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 buitding 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 DisneylandResort Specific Plan and the sound buffered to comply with the City of
Anaheim noise ordinances from any adjacent residential or transient-occupied properties. That as part
of final building and zoning inspections, compliance shall be verified. Additionally, all exterior
appurtenances such as conduits shall be minimized and integrated into the structure; and that any rain
gutters and downspouts and vents shall be finished to match the building materials and/or colors.
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28. That priorto 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 itsapplication.
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 fo issuance of building permits,
plans submittedfor buildingpermits shall document, to the satisfaction of the Planning Department,
Planning Services and Building Divisions, the locatiorr 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 ownerldeveloper 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 ofia subdivision map; in the event a parcel is subdivided and there is a need
for common on-site circulation and/or parking, an unsubordinated covenant providing for reciprocal
access and/or parking, as appropriate, approved by the Department of Public Works and the Planning
Department, Planning Services Division, and in a form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County Recorder.
33. 7hat no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation 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 shall be equivalent to those
utilized at Universal City Walk, Fashion Island or Irvine Spectrum. This is a quality standard
and is not intended, nor does it provide, additional signage rights or permit any specific type
of sign which does not conform with the signage regulations set forth in The Disneyland
Resort Specific Plan, as amended per the Anaheim GardenWalk Overlay.
B. Sign criteria for interior corporate sponsorship displays (said displays could include
`jumbotrons," banners or placards) which are oriented towards the interior of the Anaheim
GardenWalk project. The staff report to the Planning Commission shall include a
recommendation by the Planning Director regarding his or her determination as to the
orientation of such displays. Such displays shall not be visible from the public 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 inthe Anaheim
GardenWalk Overlay (as shown on Exhibit 5.8.3.f.5, titled "Interior Signage and Icon/Themed
Signage Element Plan," of The Disneyland Resort Specific Plan No. 92-1 document).
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C. Sign criteria limiting interior wall signs from projecting more than fifty percent (50%) of the
verticat height of the sign above the roof parapet or fifty (50%) of the horizonta{ 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 xeplacement 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
ro ert owner/develo er shall submit final design plans fo
nd cat d on Exhibit No.`5.8.3.f.5 and Exhibit No. 12 of this r the icon/themed signage element
conditional usepermit, and that#he
height of the icon element would be reduced from a maximum height of 120 feet to a maximum
height of 75 feet, as measured from the grade level of the sidewalk on Disney Way, and that
lighting on the icon will be limited to subtle lighting that slowly changes colors. If the icon element
does not include any signage visible from the public rights-of-way at an equal elevation as the
Anaheim GardenWalk property line (measured at five (5) feet above the grade of the sidewalk on
the opposite side of the street from the Anaheim GardenWalk project), plans shall be reviewed by
the Planning Director for substantial conformance with the Final Site Plans. If the icon includes any
signage, a conditional use permit, in compliance with Section 18.114:130.020.0201.02(b) and
18.114.130.060.0602.05 shall be required, with the maximum height and design of the element
subject to the review and approval of the Planning Commission. Preliminary design plans for said
icon/themed element without signage shall be shown on plans submitted as part of Final Site Plans,
subject to the review and approval of the Planning Commission. Said plans shall include the
location, design, height, dimensions, and lighting scheme of the icon/themed structure. Final
design plans shall be subject to the review and approval of the Planning Director prior to the
issuance of building permits, and/or may be recommended for review and approval by the Planning
Commission as a report and recommendation item at the sole discretion of the Planning Director.
36. 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 KateAa 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, the property owner/developer shall submit the
anticipated construction schedule for each of the remaining project components by development
phase; and that an updated schedule shall be submitted to the Planning Department every six (6)
months until the project is completed, 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, a line-of-sight study shall be
submitted for review and approval by the Planning Department which shows that anylight 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 theAnaheim GardenWalk Overlay.
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40. That prior to approyal of each Final Site Plan, plans shall show how all on-site service and loading
area operations shall be screened from the public righ4s-of-way to the satisfaction of the Planning
Department.
41. That a comprehensive sign program for Area B shaU be submitted in conjunction with the first Final
Site Plan in Area 6 for rev'iew 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 specifica4ions
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 asshown 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.
POUCE
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, antl 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 buitding 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 that gates shall not be installed across any driveway or private street in a manner which
may adversely affect vehicular traffic in the adjacent public streets and that all parking facilities
conform to City standard plans. Installation of any gates shall conform to Standard Plan No. 402-B
("Parking Structure & Ramp Standard DetaiP') and Standard Plan Na' 475 (''Gate Standard for
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ResidentiaUCommercial/Industrial") and shall be subject to the review and approval of the Public
Works Department, Traffic Engineering Division and#he 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 5A "Design Plan" of the Specific Plan.
49. That prior fo issuance of building permits for parking structures, internai signage pfans sha11 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 EngineeringDivision for review and approvaL
50. Tha# prior to issuance of building permits, the property ownerldeveloper shall prepare a plan of
operations for review and approval by the Department of Public Works, and shall provide proof of '
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 forthe area encompassing the driveway for Anaheim
GardenWalk adjacent to the driveway for the Super 8 Motel at 415 West Katella Avenue, the Final
SitePlan shall show that the driveway has been redesigned to combine the driveways or to meet
the.distance requirement set forth in The Disneyland Resorf 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 approva~ 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 Public Works,
Development Services Division for the installation of the ultimate public right-of-way improvements
fo~ 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
Departmentof Public Works, Development Services Division. The property owner/developer shall
be responsiblefor 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 sha11 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 bui{ding and zoning
inspection for Area A. A portion of the free right-turn lane on Disney Way may be utilized as a bus
loading/unloading zone on an interim basis until such time that Area B is developed, subject to the
review and approval of striping plans by the Department of Public Works, Traffic Engineering
Division.
54. 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 '
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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 aU costs associated with the construction of the improvements
to the satisfaction of the Department of Public Works, Development Seryices 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 Final3itePlan forArea B, the property owner/developer shall submit
conceptual street improvement plans to the Department of Public Works for construction of aright-
turn lane on 3he south side of Disney Way from Harbor Boulevard to the mid-block pro}ect entrance.
Prior to the approval of the final subdivision map, or prior to approval of grading plans if a
subdivision map is not proposed for Area B, the property owner/developer shall submit final street
improvement plans for review and approval by the Department of Public Works, Development
Services Division. The property owner/developer shaU be responsible #or all costs associated with _
the preparation and processing of the street improvements plan and ap costs associated with the
construction of the improvements to the satisfaction of the Department of Public Works. These
improvements shaU 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 tothe Department of Public Works, Development
Services Division for the interim condition to provide a single left turn lane in Disney Way between
the mid-block project entrance and Clementine Street. Prior to the approval of the final subdivision
map for Area A, the property owner/developer shall submit final street improvement plans for review
and approval of the Department of Public Works, Development Services Division. The property
owner/developer shall be responsible for all costs associated with the preparation and processing
of the street improvements plan and all costs associated with the construction of the improvements
to the satisfaction of the Department of Public Works. These improvements shall be completed
prior to the first final building and zoning inspection for Area A.
57. That prior to approval of the first F+nal Site Plan for Area B, the prope~ty owner/developer shall :
submit conceptual street improvementplans to the Department of Public Works, Development
Services Division for the ultimate condition to provide duel left turn lanes in bisney 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 plansfor 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 afl 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 andlor 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) footradius ofAnaheim 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, th2
property owner/developer shall submit a plan, for review and approval by the Department of Public
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Works, identifying'(and updating) the sequence and timing of all street improvements along Disney
Way, Clementine Street, Katella Avenue and Harbor Boulevard. Said'street improvement plans shall
include all driveways, traffic signals, pedestrian cross walks, etc. The phasing and timing for
commencing and completing any or all of the street improvements shall be as required by Department
of Public Works.
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 alfeys. Prior to final building and
zoning inspections, compliance with this condition shall be verified, by the Public Utitities
Department, Water Utility Division.
62. That prior to issuance of water improvement plans, the property owner/developer shall document
on water improvement plans, to thesatisfaction 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 fieatures 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 shafl be provided
for review and approval by the Planning Department:
65. A. A site pfan 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.
G Conceptual elevation plans showing all views of each proposed building.
D. Roof-top plans for each building showing all roof-top equipment (roof-top equipment is
required to be fully-screened by the architecture of the building and painted in a color to
match the color of the roofl. -
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 levef shall be shown on the plan).
F. Preliminary landscape plans showing all proposed planting materials and the proposed
iandscape planUtree palette, inc{uding cotor photographs, to show the proposed trees, shrubs
and groundcover.
_
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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,'ClementineStreet, 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.
L Preliminary material and color boards for each building, including the parking structure, which .
show that all building colors, textures and materials shall be compatible between on-site
uses. The preliminary color boards shall show the proposed decorativepaving materials for
the interior courtyard areas of the site and pedestrian gathering areas will be compatible with
on-siteuses. The design and1ocation of the walkways shall not impact the placement of
trees in the public right-of-way parkways.''In addition, the walkways'shall notpreclude 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 Na
4078, as amended.
K. That the lighting fixture plan shall include the styte 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 clearty illustrate the relationship
between the proposed construction on each development phase and existing
developmenUuses 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 #he 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 devefopment 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 that Areas 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 speciaf events permit shall be obtained.
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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 theprovisions of the Anaheim Municipal Code "
7~. 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 Agreemenf by and between Anaheim -
GW, LLC and the City of Anaheim. "
71. Thatprior 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 maybe 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 #he project. If the parking analysis concludes that
additional parking spaces are`necessary to accommodate the parkin~ 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/deve{oper 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 the
immediately prior project element and compfete 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 conditional use permit is contingent upon the approval and adoption of
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 shaN construct the Anaheim GardenWalk project in accordance
with the following limitations '
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A. The property owner/developer will not seek to change the enti4fements for the one thousand six
hundred twenty eight (1,628) hotel'rooms/suitesto any other use; provided, however,that the
owner/developer may elect to construct up to 400 Uacation Ownership Units in lieu of 400 Hotel
Rooms in Area A and up fo 100`Vacation Ownership Units in lieu of 100 Hotei Rooms in Area B
of the project, and provided further, that the property owner/developer may elect to constructthe
remaining hotel rooms as Condominium Hotels as defined in Code Section No. 18.114.020.0202
of TheDisneyland 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 ,
bwner/developer shaN 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 equivaler-t Transient Occupancy Taxes to which the Citywould be entitled if such Vacation
Ownership Units and Condominium Hotef units were occupied as traditional hotel rooms.
B. The design of the Anaheim GardenWalk project shall incorporate the hotels as integral
components of the site plan, and the Anaheim GardenWalk projecYs construction shall be
consistenf 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 butlget), 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, alf pre-existing land uses, buildings and structures on the property
underlying said development phase(s) shall have been removed; and that the property owner/developer
shall have obtained the appropriate permits from the City for the remova{ or demolition of such buildings
or structures. In no event shall any land use, building, structure and/or other improvemenfiapproved in
connection with the Anaheim GardenWalk project be allowed in addition to pre-existing land uses
and/or 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 parcef(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:
yrovest (Anaheim Plaza Hotel and Suites) parcel
Variance No. 1021: Approved by the Planning Commission under Resolution No. 40, Series, 1958-
1959, to establish a motor hotel and appurtenant uses at 1660-1720 South Harbor Boulevard; and
by the City Council on September 2, 1958 under Resolution No. 4733 regarding only the
"appurtenant uses")
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Variance No: 3433: Approved on October 29, 1984 under Resolution No. PC84-225 for waiver of
permitted number and type of flags to retain 25roof-mountetl 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, lobbies, check-in areas,' registration desks, service'closets, laundry
facilities, etc) in compliance with Code Section 18.114.120.050.0503, and further, whether any '
kitchen facilities suitable for visito~s 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 Officefor review and -
approval. The final GC&Rs and Master Lease shall be consistent with Conditional Use
Permit No. 4078, as amended, on file in the Planning Department, The Disneyland Resort
Specific Plan and the City of Anaheim General Plan. The CC&Rs and Mastec Lease shall not
be amended or terminated without the prior written approva! of the PlanningDirector and
modification of land use permits as may be required to authorize and reflect the changes in
the CC&Rs and/or the Master Lease.
B. Prior to approval of each final site plan for a condominium hotel, the property '
owner/developer shall have a title company review the airspace condominium map and
certify that the airspace condominium map has created insurable units for sale as commercial
condominium units.
C. On-going during project operation, any non-residential condominium hotel developed as part
of this project shall be maintained and operated as a hotel (with the exception of the
proposed financing structure), as approved by Conditional Use Permit No. 4078 and in.
accordance with approved final site plans.
D. On-going during project operation, Transient Occupancy Tax shall be collected for all non-
residential condominium hotel rooms as set forth in Chapter 2.12 (Transient Occupancy Tax) :
of the Anaheim Municipal Code.
E. On-going during project operation, for any non-residential condominium hotel, owners use of
airspace condominium units shall be limited to fourteen (14} days per calendar year, and
shall be subject to the payment of Transient Occupancy Tax based upon the hotel room rate
of a comparable hotel room.
F. On-going during project operations, any non-residential condominium hotel developed as part
of this project shall be managed, maintained and operated by a single qualified professional
entity.
G. On-going during project operations, at no time shall any hotel rooms developed as part of this
project be occupied as residential dwelling units.
82. That approval of this application constitutes approval of the proposed request only to the extent that
it comp{ies 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, regutation or requirement
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resofution is expressly predicated upon applicant's compiiance
with each and all of the conditions adopted in connection with Conditional Use Permit Na 4078. Should
any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any
court oficompetent jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
' BE IT FURTHER RESOLVED that the applicant is responsibfe 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 Resolutiorr is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to app I p edures and replaced by a
City Council Resolution in the event of an appeaL ~
.- ,:.:._
HA AN ANAHEIM PLANNING COMMISSION
ATTEST'
0,~...,. G~c./
SENIOR SEC ETARY, ANAHEIM PL N COMMISSION :
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, Senior Secretary of the Anaheim CityPlanning 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 fiollowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
N WITNESS WHEREOF, I have hereunto set my hand this ~_~day of
~, 2006.
4~~ v
SENIOR CRETARY, ANAHEIM P ING COMMISSION