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RES-2006-062RESOLUTION N0. 2006-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN N0. 92-1 AND AMENDING RESOLUTION NOS. 93R-14b AND 93R-147, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT N0.6). WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 93R-146 approving The Disneyland Resort Specific Plan No. 92-1 and Resolution No. 93R-147 approving Zoning and Development Standards with conditions of approval for Specific Plan No. 92-1 and making certain findings in conjunction therewith; and WHEREAS, on March 22, 1994, the City Council adopted Resolution No. 94R- 41 amending Resolutions Nos. 93R-146 and 93R-147 and making certain findings in conjunction therewith (Amendment No. l ); and WHEREAS, on June 13,1995, the City Council adopted Resolution No. 95R-95 amending Resolution Nos, 93R-146 and 93R-147, as previously amended, and making certain findings in conjunction therewith (Amendment No. 2); and WHEREAS, on October 28,1996, the City Council adopted Resolution No. 96R- 177 amending Resolution Nos. 93R-146 and 93R-147, as previously amended, and making certain findings in conjunction therewith (Amendment No. 3); and WHEREAS, on June 22, 1999, the City Council duly adopted Resolution No. 99R-135 amending Resolution Nos. 93R-146, 93R-147, and 95R-95, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") located on approximately 29.1 acres within a portion of District A (18.9 acres) and Parking District (East Parking Area)1C-R Overlay (10.2 acres); and which amendment established "Zoning and Development Standards" for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and making certain findings in conjunction therewith; and WHEREAS, on March 19, 2002, the City Council adopted Resolution No.2002R- SS amending Resolution Nos, 93R-146 and 93R-147, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Project; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Use Plan, the Public Facilities Plan, the Design Plan, Zoning and Development Standards, and the Conditions of Approval, and making certain findings in conjunction therewith; and WHEREAS, on December 12, 2005, the Anaheim City Planning Commission, by its motion, duly initiated General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the area of land legally described as Area B in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, William Stone, as authorized agent for Anaheim GW, LLC, submitted requests on January 3, 2006 for General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 {including amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards and Conditions of Approval), Amendment to Conditional Use Permit No. 4078 with waiver of code requirements, a request for the City of Anaheim to enter into the Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC, Tentative Parcel Map No. 2002-205, and Final Site Plan No. 2006-00002 for the area of land legally described as Area A in Exhibit "A" attached hereto and incorporated herein by this reference. Anaheim GW, LLC 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-described actions (the city-initiated actions and the actions requested by Anaheim GW, LLC are hereinafter referred to collectively as the "Proposed Project Actions"); and WHEREAS, proposed Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards and Conditions of Approval) relates 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. Said Amendment also changes the project reference from "Pointe Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and the overlay reference from "Pointe Anaheim Overlay" to "Anaheim GardenVValk Overlay;" 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 Chapter 18.60 of the Anaheim Municipal Code 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, the Anaheim City Planning Commission has reviewed the Proposed Project Actions, and did find and determine, by its Resolution No. PC2006-21, that the City 2 Council, 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 prepared in connection with the Proposed Project Actions, and the requirements of the California Environmental Quality Act ("CEQA"), including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and unless additional or contrary information is received during the public meeting, find and determine that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental documentation for the Proposed Project Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for the Proposed Project Actions; and WHEREAS said Planning Commission, by its Resolution No. PC 2006-23, made certain findings and recommended that the City Council adopt Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, as revised at the Planning Commission meeting {"Amendment No. 6); and WHEREAS, upon receipt of Resolution No. PC2006-23 and the Planning Commission's request for review of its actions, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the 11th day of April, 2006, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on the Proposed Project Actions and did give notice thereof in the manner and as provided by law; and WHEREAS, on April 11, 2006, the City Council did hold a public hearing upon the Proposed Project Actions, notice of which hearing was given in the manner required by law; and WHEREAS, the City Council did hold and conduct said noticed public hearing on April 11, 2006 and did give all persons interested therein an opportunity to be heard and did receive evidence and reports to consider the Proposed Project Actions; and WHEREAS, pursuant to the provisions of CEQA, the City Council, as lead agency for the Proposed Project Actions, by its motion, did find and determine, 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 pursuant to CEQA for the Proposed Project Actions, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a are adequate to serve as the required environmental documentation for the Proposed Project Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for the Proposed Project Actions; and 3 WHEREAS, the City Council, after due consideration of Planning Commission Resolution No. PC2006-23, including all f les, records, exhibits and plans pertaining to the application and the Planning Commission hearing which were made available to the City Council, and all evidence, testimony and reports offered at the public hearing before the City Council on April 11, 2006, does hereby find as follows: 1. That the Anaheim GardenWalk Overlay, which is the subject of Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, is uniquely sited adjacent to a Resort SmartStreet (Katella Avenue), two major arterial highways (Harbor Boulevard and Disney Way) and one secondary arterial highway (Clementine Street) in the Anaheim ResortTM and encompasses ten parcels totaling 29.1 acres which would be enhanced by the consolidation of the parcels to develop the Anaheim GardenWalk Project in accordance with the land use and site development standards of the Anaheim GardenWalk Overlay, as proposed to be amended; and 2. That as demonstrated in Section 6.0 {General Plan Consistency) of the Specific Plan document, as proposed for amendment, the Anaheim GardenWalk project, as amended is consistent with the goals and policies of the General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2005-00440, and with the purposes, standards and land use guidelines therein; and 3. That Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the Anaheim GardenWalk Overlay, as proposed to be amended, provides for the same types of land uses currently permitted or conditionally permitted by The Disneyland Resort Specific Plan No. 92-1 for the project site; that the Anaheim GardenWalk Project includes the consolidation of several smaller parcels which is encouraged by the Specific Plan; that the Anaheim GardenWalk Project will provide another venue for visitors to the area, which could result in longer stays for visitors to the Anaheim ResortT'"; and that the Anaheim GardenWalk Project will provide for the development of up to 569,750 square feet of specialty retail, restaurants, and entertainment uses,1,62$hotel rooms (including up to 500 vacation ownership units) and' 27$,$17 square feet of hotel accessory uses; amulti-plex movie theater; a transportation center, and 4,$00 parking spaces and 15 bus spaces, which will be compatible with existing, approved and proposed visitor-serving uses in the surrounding Anaheim ResortTM area; and 4. That Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for visual enhancement of the Anaheim GardenWalk Overlay and The Anaheim ResortTM with the implementation of the Anaheim GardenWalk project and by fulfilling the goals and objectives of The Disneyland Resort Specific Plan by efficiently utilizing the project site to develop an integrated Lifestyle Retail and Entertainment Complex which will provide another venue for area visitors. The Second Addendum to the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Modified 4 Mitigation Monitoring Program No. 004a also address project-related environmental impacts and provide for the feasible mitigation of said impacts; and 5. That, in conjunction with the initial adoption of The Disneyland Resort Specific Plan on June 19, 1993, City Council adopted Resolution No. 93R-146 which included a detailed description of the Specific PIan's consistency with each of the above-noted findings; and that staff has reviewed and determined that Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 is consistent with the above-noted findings; and 6. That the applicant stipulated at the Planning Commission 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, which includes the text and exhibits as set forth in Exhibit "A" to Planning Commission Resolution No. PC2006-23, as modified by said Commission at the public hearing held on March 6, 2006 to limit the height of an interior icon structure to a maximum of 75 feet as measured from the adjacent public right-of way (Disney Way), be, and the same is hereby, approved. 2. That Resolution Nos. 93R-146 and 93R-147, as previously amended, be, and the same is hereby, amended to revise the introductory section to the Conditions of Approval and the Conditions of Approval as set forth in Exhibit "B" attached to this Ordinance, and Modified Mitigation Monitoring Program No. 004a, which are hereby incorporated herein as though set forth in full. BE IT FURTHER RESOLVED that Amendment No. 6 is intended to impact only the area subject to the Anaheim GardenWalk Overlay and that, except as expressly amended herein, Resolution Nos. 93R-146 and 93R-147, as previously amended, and The Disneyland Resort Specific Plan No. 92-I, as previously amended, shall remain in full force and effect. 5 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 i~,hday of April , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF THE CI ANAHEIM A'TTES C LE OFT CITY OF ANAHEIM 61290.1/Mgordon 6 Exhibit A Legal Descriptions AREA A: Melodyland Parcels: PARCEL A; THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK S 1, PAGE ] 0 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOKS 1, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAiD POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBERS, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF, Hasenyager Parcel: LOT 3 OF TRACT N0.3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT N0.97-0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND S OF TRACT N0.3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE l0, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST $33.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1,195$ IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 1 SO FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE ] 0 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE,120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT TI~REFROM THE WEST 292 FEET. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK S 1, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", EAST 6?5.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCiLLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 1 b' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE N0.782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9,1998 AS INSTRUMENT N0.199800719810F OFFICIAL RECORDS. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AREA B: Pyrovest Parcels: PARCEL l THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 12b0 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY L1NE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.bb FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET W[DE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. Exhibit B Amended and Restated Conditions of Approval The Disneyland Resort Specific Plan No. 92-1 INTRODUCTION The conditions of approval for development in the Theme Park, Hotel, Parking and Future Expansion Districts, District A and the C-R Overlay include all mitigation measures and project design features included as part of Modified Mitigation Monitoring Program No. 0067 (as modified on October 8,1996)(as required by Section 21081.6 of the Public Resources Code). For purposes of these conditions of approval, the following terms are used: A. Applicant: The Walt Disney Company, its successors and assigns. B. Property Owner/Developer: Any owner or developer of real property within The Disneyland Resort Specific Plan Area, including the C-R and Pointe~Anaheim Overlay Areas and District A. C. Disneyland Resort; The Disneyland Resort, including a second gated theme park, modifications to the Disneyland Hotel, a new Disneyland Administration Building, new hotels, entertainment areas, internal transportation systems, and public parking facilities in the Parking, Theme Park and Hotel Districts, and the South Parking Area in the Future Expansion District. None of the conditions of approval contained herein shall be required to be implemented prior to issuance of any permits for or construction of new structures, improvements, or other modif cations within the existing Disneyland Theme Park. D. Second Theme Park: A gated theme park planned south of the existing Disneyland Theme Park. Development of the Anaheim GrdenWalk Overlay shall be subject to the conditions of approval set forth in City Council Resolution No. 2006R- (as it may be amended) approving Conditional Use Permit No, 4078, as amended, including all mitigation measures/project design features set forth in Mitigation Monitoring Program No. 004a (as required by Section 21081.6 of the Public Resources Code). Applicable conditions set forth in Ordinance No. , as modified to be appropriate for the Anaheim GardenWalk project, have been incorporated into City Council Resolution No. 2006R- along with additional project specific conditions. Therefore, the following conditions shall not be applicable to the Anaheim GardenWalk Overlay. ELECTRICAL 1. That prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes 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 ownerldeveloper. 2. That pedestrian walkway lighting plans in the public right- of-way shall be reviewed and approved by the Public Utilities Department, Electrical Services Division and the Police Department prior to installation. 3. That prior to the approval of each tentative tract or parcel map, or issuance of each building permit, whichever occurs first, Public Utility Easements (PUE's) will be recorded and/or abandonment of PUE's will be processed to the satisfaction of the Public Utilities Department for the following circumstances: A. As a result of increases in right-of way, where electrical and communication facilities are located adjacent to the existing right-of--way, the facilities shall be either located within the new right-of-way or relocated to new adjacent areas, requiring a PUE. B. The undergrounding of power and communication lines along the major streets will result in the need to obtain PUE's for placement of pad mounted equipment, and related facilities required as a result of the overhead to underground conversion work. C. Alterations to existing private buildings and/or construction 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 the relocation. 4. A. That the roadway lighting of all public streets shall be designed in accordance with the Anaheim Resort Identity Program and associated construction specifications. B. Private streets within The Disneyland Resort Specific Plan Area, with the exception of those within the Hotel and Theme Park Districts, shall have street lights designed and installed in accordance with the Anaheim Resort Identity Program. C. That the property owner/developer shall pay or cause to be paid all costs associated with replacing the existing City street light system within the public right-of way adjacent to or within the Disneyland Resort Specific Plan Area with street lights designed in accordance with the Anaheim Resort Identity Program. ENGINEERING 5. That the following street design elements shall be shown on each tentative tract or parcel map: A. Street cross-sections, including dimensions, labels, Circulation Element designation (i.e., Resort Secondary} and whether public or private. B. Street grades and vertical alignment; and, C. Horizontal alignment, including centerline radii, and cul-de-sac radii. b. That prior to the approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim. 7. That prior to approval of each street improvement plan, the following shall be provided (for a one (1 }year maintenance period} in a manner acceptable to the City Engineer: A. Public Realm Parkway and median island landscaping and irrigation maintenance. B. Provision for the replacement of any tree planted in accordance with landscaping plans in a timely manner in the event that it is removed, damaged, diseased andlor dead. $. That prior to issuance of each grading permit, a rough or precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval. 9. That all storm drain, sewer and street improvement plans shall be designed and improvements constructed to the satisfaction of the City Engineer. FIRE 10. That prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 11. That prior to the placement of building materials on a building site, anall-weather road (driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. 12. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 13. That prior to the approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 14. Combined with Condition No. l l 15. Combined with Condition No. l l LANDSCAPING 16. That excluding the Disneyland Administration Building, within 120 days following the issuance of the first building permit for Phase II, the applicant shall commence installation of roadway improvements, infrastructure improvements and parkway landscaping and install parkway trees within the Walnut Street Public Realm from Ball Road to Katella Avenue in accordance with the requirements of Section 5.0 "Design Plan" of the Specific Plan document. Applicant shall diligently proceed with such improvements and shall maintain said landscaping through the duration of the construuction. 17. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of public sidewalks, unless determined unnecessary by the City Engineer. 18. That all trees planted in the Public Realm shall be planted in accordance with the standard City Tree Planting Detail. 19. That with the exception of landscaped areas in the theme parks, prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department that 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. 20, That on-site non-Public Realm landscaping and imgation systems and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property ownerldeveloper incompliance with City standards. 21. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 22. That a licensed arborist shall be responsible for all tree trimming within the Setback Realm. NOISE 23. That prior to the commencement of construction activity, the property owner/developer shall install and maintain specially designed construction barriers at the construction project perimeter areas. The construction sound barriers shall be a minimum height of 8' with a minimum surface weight of 1.25 lbs per square foot or a minimum Sound Transmission Class Rating {STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragels, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. 24. That sweeping operations in the parking facilities and private streets or on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a sound level measured not greater than 60 dBA at the nearest adjacent property line. 25. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. 26. That the property owner/developer shall pay all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning Department to ensure that the Disneyland Resort, including the South Parking Area, ongoing operations do not exceed 60 dBA at any point on the exterior project boundary property line between the hours of 7:00 p.m. and 7:00 a.m. of the following day, During the first five {5) years of operation of the Second Theme Park, said noise monitoring shall be conducted four times a year on a random basis for athree-day period; and, if the monitoring finds that the 60 dBA threshold is being exceeded, modifications to the ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City; and if the monitoring finds that the 60 dBA threshold is being exceeded, modifications to ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. If the Disneyland Resort is in compliance during the first five years, then the frequency of monitoring shall besemi-annually thereafter. 27. That no development shall occur unless such development is substantially in accordance with The Disneyland Resort Specific Plan No. 92-1 document on file with the Planning Department and marked Exhibit A, Amendment No. 4, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1, and Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1. (It should be noted that Amendment Nos. 4, 5 and 6 to The Disneyland Resort Specific Plan No. 92-1 text and accompanying exhibit changes relate to development which may occur under the Anaheim GardenWalk Overlay only. These changes are set forth in Ordinance No. 5689, Ordinance No. 5807, and Ordinance No. .Except as specifically set forth in said ordinances, all other Disneyland Resort Specific Plan No. 92-1 provisions, including those adopted in connection with Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 (Ordinance No. 5580) and Adjustments to The Disneyland Resort Specific Plan (Ordinance Nos. 5613, 5736, and 5768), remain unchanged. PLANNING-RELATED 28. That the aesthetic concepts related to The Disneyland Resort Specific Plan for improvements along the 1-5 shall be coordinated with plans for the Anaheim Resort area and the Anaheim Center Master Plan. 29. That all Final Site Plans shall be prepared in conformance with the Anaheim Resort Specific Plan Final Site Plan PreFile submittal requirements on file with the Planning Services Division of the Planning Department. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans. 30. That prior 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. 31. That prior to final building and zoning inspections, all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. Such information shall be specifically shown on the plans submitted for building permits. 32. That except within the Theme Park District, prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of way and from adjacent properties by architectural devices and/or appropriate building materials; and, further, such information shall be specif tally shown on the plans submitted for building permits. 33. That property ownerldeveloper shall be responsible for the removal of any on-site graffiti within 24 hours of its application. 34. That the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas in the Hotel District, Parking District and development in the C-R Area and in District A, shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. 35. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear elevations of buildings visible from a 5-foot high view point from off-site areas shall be architecturally accented to portray a finished look. 36. That, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to the recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation Manager and the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Services Division of the Planning Department. 37. That no shuttle/bus/vehicular drop-off areas shall be permitted in hoteUmotel or vacation resort front setback areas. 38. That with the exception of the Disneyland Administration Building, prior to approval of the first Final Site Plan, issuance of the first building permit or approval of the first tentative tract or parcel map to implement The Disneyland Resort, whichever occurs first, The Walt Disney Company shall submit proof to the City of Anaheim that The Walt Disney Company has entered into an agreement with the Southern California Edison Company with regard to the relocation of the SCE Easement. Said agreement shall be consistent with the provisions of the Disneyland Resort Specific Plan, including the Setback Realm and Private Realm landscape concepts identified in the Section 5, Design Plan, of the Specific Plan document (Exhibit A). Further, said agreement shall specify whether the SCE transmission lanes will be undergrounded or enclosed in a structure. 39. Intentionally deleted in connection with the adoption of Ordinance No. 5377. POLICE 40. That with the exception of the Theme Park and Parking Districts, which are already addressed in the Specif c Plan, prior to approval of each Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. STREET MAINTENANCE 41. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. TRAFFIC/CIRCULATION 42, That prior to issuance of a building permit for the West Public Parking Structure, plans shall be prepared to the satisfaction of the City Traffic and Transportation Manager showing a minimum of eleven (11) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the West Public Parking Structure, said toll laneslstorage capacity shall be provided. 43. That prior to approval of a Final Site Plan for the East Public Parking Structure, plans shall be prepared to the satisfaction of the City Traff c and Transportation Manager showing a minimum of fourteen ~ 14) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the East Public Parking Structure, said toll laneslstorage capacity shall be provided. 44. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 45. That prior to approval of each Final Site Plan or issuance of each building permit, whichever occurs first, plans for vehicular and pedestrian circulation shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Section 5.0, "Design Plan" of the Specific Plan document pertaining to parking standards. Subject property shall be developed and maintained in conformance with said plans, 46. That all driveways shall be constructed to the satisfaction of the City Engineer with radius curb returns ranging from eight (8) to thirty-five (35) feet, unless otherwise approved by the City Engineer. 47. That excluding the Disneyland Administration Building, prior to approval of the first Final Site Plan, tentative tract or parcel map, or issuance of a building permit, whichever occurs first, for each District, vehicular access points to the public streets shall be subject to the review and approval of the City Traffic and Transportation Manager, All access points shall be in substantial conformance with the District Concept Plans in Section 5.0, "Design Plan", of the Specific Plan document. 48. That prior to approval of each Final Site Plan for the Hotel District including the Southwest Parking Area, parking plans shall be submitted to show the location and configuration of hotel employee and guest parking for that site plan. All parking plans shall be subject to the review and approval of the City Traffic and Transportation Manager. 49. Applicable elements of the condition combined with amended Condition No. 58. 50. That prior to Final Site Plan approval for parking structures in the Hotel District, signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the City Traffic and Transportation Manager for review and approval. S 1. That any modifications to the restricted setback in Project Design Section 3.3-10, to Walnut Street (e.g., turn restrictions, narrowing of street, etc.) shall be subject to the review and approval of the Planning Commission. All modifications shall be designed and constructed to the satisfaction of the City Engineer. 52. That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspections in accordance with an approved construction phasing plan. These requirements may be modified by a Development Agreement between the City of Anaheim and the applicant with respect to improvements to be implemented by the applicant. 53. That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and Improvement Fee shall be paid to the City of Anaheim in the amount(s) determined by City Council Resolution. Consistent with the Fee Ordinance, fees may be reduced in consideration of right-of way dedication andlor Master Plan of Arterial Highway facility construction. 54. That prior to issuance of a building permit, the property owner/developer shall provide proof of their participation in the Anaheim Transportation Network (TNA) and Anaheim Stadium Business Center and coordinated with the 1-5 Traffic Management Plan. 55. That should a pedestrian bridge over Harbor Boulevard be constructed in Phase III, safe and convenient pedestrian access tolfrom the east parkway side of Harbor Boulevard shall be provided during construction by the applicant, to the satisfaction of the City Engineer; and, the same shall be provided during construction of the West Street/Disneyland Drive overcrossing between the Hotel District and the Theme Park District tolfrom the east parkway side of West StreetlDisneyland Drive. 56. That ongoing operations for the South Parking Area structure shall provide that it be loaded and emptied to minimize evening noise generation, or other measures acceptable to the City implemented. 57. Intentionally deleted in connection with the adoption of Ordinance No. 5377. 58. A, That prior to the issuance of the first building permit for the Theme Park Central Ticketing Plaza or the approval of a Final Site Plan for the Theme Park District Setback Realm along Harbor Boulevard, the applicant shall submit for review and approval by the City Engineer, a plan showing the location and design of the Theme Park District Drop-off Area, which is to be located on the west side of Harbor Boulevard. Further, that prior to Opening Day of the Second Theme Park, said facility shall be provided by the applicant in accordance with the approved plan. B. That in Phase III, in the event that the Drop-off Area is proposed to be relocated adjacent or internal to the East Parking Facility, that prior to the approval of a Final Site Plan for the East Parking Facility, the location and design of the drop- off area shall be subject to the review and approval of the City Engineer. Prior to final building and zoning inspections of said facility, the drop-off area shall be provided by the applicant in accordance with the approved plan. 59. That prior to any development associated with uses other than parking within the Future Expansion District, additional environmental review will be required. WATER 60. That prior to final building and zoning inspections, the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the Setback Realm area in a manner fully screened from all public streets and alleys. Such information shall be specifically shown on the plans submitted for Final Site Plan approval and for building permits. MISCELLANEOUS 61. That the applicant will build or preserve, or cause to be built or preserved, 500 affordable housing units in the City of Anaheim in connection with the development of the Project. The housing units shall be preserved, constructed or under construuction prior to the opening of the Second Theme Park. The City shall cooperate with the applicant in securing financing, identifying sites and approving entitlements. The applicant shall consult with the City prior to entering into binding agreements to build or preserve, or cause to be built or preserved, such housing units in the City. The applicant shall give priority to the preservation of existing housing units in deteriorating multi-family areas of the City. The applicant shall give priority to family units of 2 and 3 bedrooms with a goal of 50% of the units to be 2 or more bedrooms. The applicant shall have discretion to select the particular projects in which it will participate. Affordable housing units required as part of other projects' conditions of approval shall not be eligible for credit. A minimum of 40% of the units shall serve "very low income households" (as defined in Title 25 of the California Administration Code, Section 6926). The remainder of the units will serve "low income households." 62. Intentionally deleted in connection with the adoption of Ordinance No. 5377. 63. That in conjunction with the construction of the East and West Public Parking Facilities, the Hotel parking structures, and the South Parking Area Structure, no impact driven piles shall be allowed. 64. Intentionally deleted - no longer applicable. 65. That within thirty (30} days of the City Council's action on Amendment No. 6 to The Disneyland Resort Specific Plan No, 92-1, the applicant (Anaheim GW, LLC) shall provide the Planning Department with three (3) copies of an amended Specific Plan document reflective of the City Council's action. Upon the Planning Department's review and approval of the amended document as being in conformance with the City Council's action, twenty-five (25) copies of the final amended document, including one master set suitable for reproduction, and twenty-five (25} electronic copies {CDs) prepared to the Planning Director's satisfaction including all text and graphics in the document to enable amendments to be made to the document in the future, if necessary, shall be provided by the applicant to the Planning Department. 66. Intentionally deleted (repetitive}. 67. That the applicant andlor property owner/developer, as specified in the individual mitigation measures, shall be held responsible for compliance with the mitigation measures and that the applicant shall be responsible for implementation of the project design features identified in Final EIR No. 311 and Addendum and for complying with the Modified Mitigation Monitoring Program No, 0067, in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the applicant andlor property ownerldeveloper, as specified in the individual mitigation measures, and the applicant for project design features, shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Final EIR No. 311 and Addendum that have been incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on Oct. 8, 1996). The Modified Mitigation Monitoring Program No. 0067, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 68. Intentionally deleted - no longer applicable. 69. Intentionally deleted - no longer applicable. 70. Intentionally deleted - no longer applicable. 71. That prior to relocationlconstruction of the SCE 22OkV electrical transmission lines in an aerial configuration, the applicant shall commit to fund or cause to be funded the landscaping improvements within the Public Realm parkway and Setback and Private Realm areas adjacent to the planned SCE 22OkV aerial alignment, in accordance with the requirements of Section 5.0, "Design Plan", of the Specif c Plan document for the following areas: along the east side of Harbor Boulevard (between Freedman Way and 400 feet north of Katella Avenue); along the north side of Katella Avenue (between 700 feet west of Harbor Boulevard to Walnut Street); and, along the west side of Walnut Street (between Katella Avenue ~ and the existing SCE corridor crossing). The applicant shall diligently proceed with the implementation of these landscaping improvements in conformance with construction staging plans prepared to the satisfaction of the City Engineer, which shall be submitted for review and approval by the City Engineer prior to commencement of the relocation/constructionactivities. 72. That prior to commencement of Caltrans' improvements for the 1-5 Widening Project in Harbor Boulevard and Manchester Avenue, the existing 10" water main between the southeast comer of the Disneyland Administration Building site and Harbor Boulevard north of Manchester Avenue will be replaced with a new 16" water main to be constructed in Manchester AvenuelMidway Drive between the Harbor/Manchester intersection and the Anaheim Boulevard/Midway Drive intersection. The applicant shall model and simulate, with a field test acceptable to the City of Anaheim, the effect of this improvement on the current flow conditions for Disneyland back-of house. If the test results meet City of Anaheim rules and regulations, but, for some other reason, are not acceptable to the applicant, then, the applicant shall propose an additional looped water main acceptable to the City of Anaheim. If the test results do not meet City of Anaheim rules and regulations, then, the City will cause the necessary changes to be made in compliance with the City's rules and regulations. 73. Prior to Final Site Plan approval, the Disneyland Resort hotels in the Hotel District will be designed to accommodate airport bus service to and from their hotels and plans showing these areas, accessible to the general public, shall be submitted to the City Engineer for review and approval, 74. Prior to the approval of street improvement plans for the relocation of Cerritos Avenue, plans shall be submitted to the City Engineer for review and approval showing that the street has been designed to minimize through traffic to Walnut Street. 75. That every five years following the opening of the Second Theme Park, the applicant shall submit a parking evaluation to the City Traffic and Transportation Manager for review and approval, to assess the adequacy of parking for The Disneyland Resort project. The parking evaluation shall be paid for by the applicant and shall be prepared to the satisfaction of the City Traffic and Transportation Manager. If the parking evaluation indicates that parking is deficient, then additional parking spaces shall be provided in accordance with the recommendations of the evaluation and in conformance with the Disneyland Resort Specific Plan.