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Resolution-PC 99-93RESOLUTION NO. PC99-93 A NUNC PRO TUNG RESOLUTION OF THE ANAHEIM CITY PLANNI~IG Ca:~AM1cSION AMENDING RESOLUTION NO. PC99-79 ADOPTED IN CONJUNCTIO~~'s~J!'fH AMENDMENT NO. 4 TO THE DISNEYLAND RESORT SPECIFIC PLAN ~d0. ~~7.-1 WHEREAS, on May 19, 1999, the Anaheim City Planning Commission recomr; iende-f adont~on of Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 (including the Zoning and L aveiopment Stand2rds, Design Plan and Guidelines and Public Facilities Plan) in connection with the Pointe'Anaheim project by Resolution No. PC99-79, and WHEREAS, through ir.advertence and clerical error, the legal description identified as Attachment A to Resolution No. PC99-79 omitted Parcei 2 of the Pyrovest Parcels and should be amended to inciude the following: Parcei 2: BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTNWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LiNE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THE~JCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOIi!_EVARD 30.75 FEET; THENCE NOR7H 89° 54' 38" EAST 38.66 FEET; THENCE NGRTH G° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREF_DfNAN WAY, 60.00 FEET VVIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDh1AN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOl1THEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. WHEREAS, the last paragraph of the legal description ~hould be amended to delete a cleriisal error, and should read as foliows: EXCEPTING THEREFROM, THAT PQRTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF C,4LIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORD[D FEBRUARY 9, 1998 AS INSI r UMENT N0. 19980071981 OF OFFICIAL RECORDS. WHEREAS, throuah inadvertence and clerical error, the first Noise mitigation measure on Page 9 and the last measure on Page 11 of Mitigation Monitoring Plan No. 004, identified as Attachment D to said resolution, contain a reference to "family entertainment center' which shoulc be deleted and the measures corrected to read as follows: (Page ~) "The design and orientation of any use, such as those which could involve amplified live music and open-air festfval events, shall be reviewed by a certified acousticfl'. enginper. The propert~ owneddeveloper shall submit a report, for review and approval by'.:~~~ ;,ity, to ensure that noise from areas which involve live amplified music and/or open-air fesfival events, do not exceed the noise levels established by the City of Anaheim Sou^;: ~', essure Level Ordinance:' cr3649ch.Joc 1 PC99•93 (Page 11) "The property owner/develo~er shall provide for the following: cleaning of all paved areas not malntained by the City of Anaheim including, but not limited to, private streets and parking lots on not less than a monthly basis. Using water to clean streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the applicanYs NPDES permit. Nightiy washdown shall be aliowed where advisable to maintain safe and sanitary working conditions, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shail conform to the property owneddevsloper's NPDES requirements. f'roperty owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permiL" WHEREAS, through inadvertence and cieri~,al error, Resolution No. PC99-79 incorporates the ApplicanPs Explanation, Attachment B to said ResolUtion, for the proposed amandments in making the finding that the amendment is consistent with the goals and policies of the General Plan. Several of the applicanPs justifications addressed items which are no longer applicable since they differ from the Planning Commission's final actions. For clarity, to the degree that there are inconsistenciPs between the applicant's explanation and the existing approvals, the existing approvals prevail. NOW, THEREFORE, BE IT RESOLVED, that the Anaheim City Planning Commission does hereby amend Resolution No. PC99-79, nunc pro tunc, to correct the leyal description (identified as Attachment A to said resolution) by adding Parcel 2 and deleting a clerical error and tu delete the referer.ces to '"amily entertainment center" on pages 9 and 11 of Mitigaticn Manito~~~g Plan No. 904 ~id2ntified as Attachment D to said resolution) and to clarify the relevance of the ApplicanPs Expla~~i;on, Attachment F3. THE FOREGOING RESOLUTION was adopted at the Planning Cammission meeting of June 7, 1999. ~ i CHAIR ERSON PRO TEMPO E ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRE ARY, ANAHEIM CITY LANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, ~ecretary of the Anaheim City Planning Commission, do hereby certi(y that the foregoing resolution was passed and adopted at a meeling of the Anaheim City Plannin,g Commission hsld on June 7, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, K,~QS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSI~NERS: BRISTOL, ESPING IN WITNESS WHEREOF, i have hereunto set my hand this / 4"C.~. day pf ~6~ , 1999. ~ ~ . 0 ~7 A ~ ~~!_.~ ~ ~,~ril~...:~/ SECRETARY, ANAHEIM CITY PLANNING COMMISSIQN cr3649ch.doc Z PC99-93