RES-2006-063RESOLUTION N0. 2006-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING CONDITIONAL USE PERMIT
N0. 4078 WITH WAIVER OF CODE REQUIREMENTS
(MINIMUM NUMBER OF PARKING SPACES},
WHEREAS, on 3une 22,1999, the Anaheim City Council adopted Resolution No.
99R-136 to grant Conditional Use Permit No. 4078 and permit the Pointe Anaheim Lifestyle
Retail and Entertainment Complex {hereinafter the "Pointe Anaheim Lifestyle Retail and
Entertainment Complex" or the "Pointe Anaheim Project") consisting of up to 565,000 gross
square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 hotel
rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel
rooms/accessory uses would encompass a maximum of 923,800 gross square feet) and an
approximately 141,200 gross square foot area on the top floor of the parking structure to be used
to provide parking and/or hotel amenities serving guests and patrons of the Pointe Anaheim
hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively,
a 24-screen movie theater with 4,757 seats; a 1,600,000 gross square foot parking structure with
4,$00 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 square foot bus terminallfacility 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 additiona1400 vehicles bringing
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, Conditional Use Permit No, 4078 addresses development of an
irregularly-shaped area within the Anaheim Resort Area and The Disneyland Resort Specific
Plan No. 92-1 area, consisting of several parcels totaling approximately 29.1 acres with frontages
of approximately 585 feet on the east side of Harbor Boulevard, 1,500 feet on the south side of
Disney Way, 1,185 feet on the west side of Clementine Street and 728 feet on the north side of
Katella Avenue, all of which area is more particularly described in the "Legal Descriptions"
which is attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its
Resolution No, z002R-S7, amend Conditional Use Permit No, 4078 to permit the Pointe
Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 634,700 gross square
feet ofretail/dining/entertainmentuses, which includes a 94,000 square foot 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 square feet of related
accessory uses of which up to 178,120 gross square feet on top of the parking structure may be
used far a hotel conference center (the hotel rooms/suites and accessory uses would encompass a
maximum of 1,370,711 gross square feet); and a 1,949,800 gross square foot parking structure
with up to 4,800 striped parking spaces and 1 S bus spaces with a 10,200 square foot bus
terminal/facility for airport transport and tolfrom sightseeing venues; and that the proposed
development of the Pointe Anaheim project would take place in up to five phases over time; and
that said action included 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 Anaheim City Council did, by its
Resolution No. 2002R-253 amend Conditional Use Permit No. 40?8, 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 Anaheim City Planning Commission did,
by its Resolution No. PC2005-160, approved an amendment to Conditional Use Permit No.
4078, to extend the date by which the developer must commence construction of the Initial Phase
of Development (from February 26, 2006 to February 26, 2007); and
WHEREAS, on December 12, 2005, the Anaheim City Planning Commission did,
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
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.
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, 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 Anaheim City Planning Commission did hold a public hearing
upon said application for modification of Conditional Use Permit No. 4078 with waiver of Code
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required parking 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
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, after due inspection, investigation and
studies made by itself and in its behalf and after due consideration of all evidence and reports
offered at said hearing, did adopt its Resolution No. PC2006-24 granting a modification to
Conditional Use Permit No. 4078 with a waiver of the required number of parking spaces
required by the Anaheim Municipal Code; and
WHEREAS, thereafter, the Planning Commission, on its own motion, requested
review of its decision by the City Council; and
WHEREAS, upon receipt of said request for review, 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 said modification to Conditional Use Permit with waiver of the
minimum number of parking spaces required by the Anaheim Municipal Code and did give
notice thereof in the manner and as provided 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 Second Addendum to the Pointe Anaheim Initial
Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Program No.
004a, and 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
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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
WHEREAS, the City Council, after due consideration of Planning Commission
Resolution No. PC2006-24, including all files, records, exhibits and plans pertaining to the
Proposed Project Actions which were made available to the City Council, and all evidence,
testimony, and reports offered at the April l 1, 2006 City Council hearing, and the recommended
modif cations and additions to the conditions of approval recommended by staff, as indicated in
the April 11, 200b, staff report, and at the public hearing, does hereby find as follows:
1. That the proposed amendment to Conditional Use Permit No. 4078, in its
entirety, including amending the conditions of approval, is properly one that is authorized by
Anaheim Municipal Code Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60
(Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional Use Permits).
2. That the use, as amended in its entirety, is authorized by the Anaheim
Municipal Code.
3. That the use, as amended in its entirety, which is substantially similar to
the previously proposed land use, will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located.
4. That the size and shape of the site proposed for the use, as amended in its
entirety, is adequate to allow full development of the use in a manner not detrimental to the
particular area or to health and safety of the citizens of Anaheim.
5. That the proposal includes waiver of minimum number of parking spaces
to reflect the Anaheim GardenWalk project, as proposed to be modified:
Sections 18.42.040.010
and 18.114.110.010.0104
Minimum number of parking spaces.
~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, Inc., which parking demand analysis determined the peak parking demand for Area
A to be 2,493 spaces at 8:00 PM and that inasmuch as 3,200 striped parking spaces and 15 bus
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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 4,800 striped parking spaces and 15 bus parking spaces will be
provided pursuant to the mitigation measures set forth in Modif ed Mitigation Monitoring
Program No. 004a, the waiver will not cause fewer spaces to be provided .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 stteets
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 project's parking demands on-site, so
the waiver will not increase the demand and competition for parking spaces upon adjacent
private property in the immediate vicinity of the Anaheim GardenWalk project.
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. 004a, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the use, as
proposed to be modified.
11. That the proposal is consistent with the goals and policies of the Anaheim
General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2005-
00440, and with the purposes, standards and land use guidelines therein.
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12. That as demonstrated in the findings for approval of Amendment No. 6 to
The Disneyland Resort Specific Plan No. 92-1 (Resolution No. PC2006-23), which amends the
provisions for the Anaheim GardenWalk Overlay and the development of the Anaheim
GardenWalk project, the proposed Anaheim GardenWalk uses will not adversely affect the
adjoining land uses and the growth and development of the area in which said uses are proposed
to be located.
13. That inasmuch as the Anaheim GardenWalk project is proposed to be
developed in accordance with the zoning and development standards set forth for the Anaheim
GardenWalk Overlay, as proposed for amendment pursuant to Amendment No. 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 conditional use permit, under the conditions of approval
herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of
the City of Anaheim.
16. That this conditional use permit entitles the uses, maximum gross square
footage and conceptual site plans and elevations associated with the Anaheim GardenWalk
project, as set forth in Code Section No.18.114.105.030 (Anaheim GardenWalk Density) of The
Disneyland Resort Specific Plan No. 92-1, as proposed for amendment; and that detailed Final
Site Plans are required to be submitted for Planning Commission review and approval as
"Reports and Recommendations" items prior to approval of the first grading plan or subdivision
plan or prior to issuance of the first building permit, whichever occurs first, for each
development phase.
17. That, with regards to the provision of vacation ownership resort units as
part of this conditional use permit, that there are adequate visitor-serving facilities in the City and
that the proposed number of vacation ownership resort units will not preclude or significantly
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
the Amendment to Conditional Use Permit No. 4078, in its entirety, with waiver of minimum
number of parking spaces as hereinabove stated, subject to the conditions of approval to this
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Resolution set forth below, which include all mitigation measures, including project design
features set Earth in Modified Mitigation Monitoring Program No. 004a for this project as
required by Section 21081,6 of the Public Resources Code as follows:
AMENDED AND RESTATED CONDITIONS OF APPROVAL
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 properly owner/developer.
2, That prior to approval of street improvement plans, pedestrian walkway lighting plans in
the public rights-of way shall be reviewed and approved by the Public Utilities
Department, 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 andlor 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 azeas, 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 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 Identity 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
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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.
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. Street 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 parcel, except at approved access points, shall be released
and relinquished to the City of Anaheim, to the satisfaction of the Department of Public
Works.
7. That prior to approval of each street improvement plan, the following shall be provided 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 irrigation maintenance.
(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, 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 Department of Public
Works and in accordance with specifications 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 building 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 shall ensure to the
satisfaction of the Fire Department that an all-weather roadldriving 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 ownerldeveloper 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 approval of on-site water plans, unless each commercial building is initially
connected to separate f re 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
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 Warks, root and
sidewalk barriers for trees (with the exception of palm trees} shall be shown on said
landscape plans. Prior to final building and zoning inspection= 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 shall indicate on
said plans, to the satisfaction of the Planning Department, Planning Services Division and
Department of Public Works, Resort 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 Services 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 plant palette
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
setback area shall be fully screened so that the equipment is not visible from the public
right-off 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.
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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 ownerldeveloper in compliance with City
standards.
16. That any tree planted within the Setback Realm shall be replaced in a timely manner in the
event that it is removed, damaged, diseased andlor dies. (The "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 palette utilizing annual color,
perennial color and accent trees, to the satisfaction of the Planning Department.
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 at the
construction project perimeter areas (adjacent to public rights-of way andlor 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 barrier 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 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, 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.
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21, That sweeping operations in the parking facilities and private streets or on-site roadways
shall be performed utilizing sweepinglscrubbing equipment which operates at a sound level
measuring not greater than 60 dBA at the nearest adjacent property line.
22. That 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 impact 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 No. 92-1, as amended.
25. That each Final 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 building 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 shail be
shielded from public view as required by The Disneyland Resort 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 andlor colors.
28. That prior to 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
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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 ownerldeveloper shall be responsible for removal of any on-site graffiti
withintwenty-four (24) hours of its application.
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 to issuance of
building permits, plans submitted for building permits shall document, to the satisfaction of
the Planning Department, Planning Services and Building Divisions, the location 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 owner/developer 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 of a 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. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotellmotel 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.
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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 in the 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).
C. Sign criteria limiting interior wall signs from projecting more than fifty percent (50%)
of the vertical height of the sign above the roof parapet or fifty (SO%) of the
horizontal length of the sign beyond the side of a building.
D. Sign Criteria consistent with the adopted sign regulations for the Anaheim
GardenWalk Overlay.
E. Standards for maintenance and replacement of damaged/broken signs and banners
and installation and maintenance of changeable sign copy, neon signage or electronic
readerboards.
35. Prior to issuance of building permits for the retail and parking structure component of Area
A, the property owner/developer shall submit final design plans for the iconlthemed
signage element indicated on Exhibit No. 5.8.3.f.5 of The Disneyland Resort Specific Plan
No. 92-1 and Exhibit No. 12 of this conditional use permit, and that the height of the icon
element would be reduced from a maximum height of 120 feet to a maximum height of 75
feet, as measured from the grade level of the sidewalk on Disney Way, and that lighting on
the icon will be limited to subtle lighting that slowly changes colors. If the icon element
does not include any signage visible from the public rights-of-way at an equal elevation as
the Anaheim GardenWalk property line (measured at five (S) 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.Ob0.Ob02.05 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, andlor may be recommended for review and approval by the Planning
13
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 Katella Avenue, as depicted in Exhibit Nos. 5.8.3.f.6,
5.8.3.£7, and 5.8.3.f.8 of The Disneyland Resort Specific Plan No. 92-1.
37. That prior to approval of each Final Site Plan, the property ownerldeveloper 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, aline-of-sight study
shall be submitted for review and approval by the Planning Department which shows that
any light 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 the Anaheim GardenWalk Overlay.
40. That prior to approval of each Final Site Plan, plans shall show how all on-site service and
loading area operations shall be screened from the public rights-of way to the satisfaction
of the Planning Department.
41. That a comprehensive sign program for Area B shall be submitted in conjunction with the
first Final Site Plan in Area B for review 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 the subject property shall be developed in substantial conformance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Exhibit Nos. 1 through I2 of Conditional Use
Permit No. 4078 and Exhibit Nos. l through 1 ? of Final Site Plan No. 2006-00002 (which
includes Exhibit Nos. 1 through l2 of Conditional Use Permit No. 4078}. The Anaheim
l4
Garden~Valk project shall be developed in accordance with the quality, design and
architectural integrity as shown on the exhibits.
POLICE
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, and 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 policelsecurity 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 policelsecurity 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 building 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,
TRAFFIClCIRCULATION
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 Detail") and Standard
Plan No. 475 ("Gate Standard for Residential/Commercial/Industrial") and shall be subject
to the review and approval of the Public Works Department, Traffic Engineering Division
15
and the 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 5.0 "Design Plan" of the Specific
Plan.
49. That prior to issuance of building permits for parking structures, internal signage plans
shall 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 Engineering Division for review and approval.
50. That 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 for the area encompassing the driveway for
Anaheim GardenWalk adjacent to the driveway for the Super 8 Motel a# 415 West Katella
Avenue, the Final Site Plan shall show that the driveway has been redesigned to combine
the driveways or to meet the distance requirement set forth in The Disneyland Resort
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 approval ~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 for 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 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 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.
16
Prior to the approval of the final subdivision map for Area A, the property owner/developer
shall 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 building and zoning
inspection for Area A. A portion of the free right-turn lane on Disney Way may be utilized
as a bus loadinglunloading 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 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
all costs associated with the construction of the improvements to the satisfaction of the
Department of Public Works, Development Services 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 Final Site Plan for Area B, the property owner/developer shall
submit conceptual street improvement plans to the Department of Public Works for
construction of aright-turn lane on the south side of Disney Way from Harbor Boulevard to
the mid-block project 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 shall be responsible for all costs associated with the preparation and
processing of the street i mprovements plan and all costs associated with the construction of
the improvements to ilie satisfaction of the Department of Public Works. These
improvements shall 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 to the 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
17
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 f rst final building and zoning inspection for Area A.
57. That prior to approval of the f rst Final Site Plan for Area B, the property ownerldeveloper
shall submit conceptual street improvement plans to the Department of Public Works,
Development Services Division for the ultimate condition to provide duel left turn lanes in
Disney 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 ownerldeveloper 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 improvement plans for the
duel left turn lanes and al l 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 and/or 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) foot radius of Anaheim 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, the property owner/developer shall submit a plan, for review and approval by
the Department of Public 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 alleys, Prior
to final building and zoning inspections, compliance with this condition shall be verified by
the Public Utilities Depa~~tment, Water Utility Division.
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62. That prior to issuance of water improvement plans, the property ownerldeveloper shall
document on water improvement plans, to the satisfaction 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 features identified in
Modified Mitigation Monitoring Program No. 004a in compliance with Section 21081.6 of
the Public Resources Code. Furthermore, the Anaheim GardenWalk property
ownerldeveloper 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 attachc;d and made a part of these conditions of approval.
64. Prior to approval of each Final Site Plan, the following planslmaterialslinformation shall be
provided for review and approval by the Planning Department:
65. A. A site plan sllowing 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, fauntains/water features
and works of art wi I1 also be shown.
B. Preliminary Mass Grading Plans.
C. 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 hilly-screened by the architecture of the building and painted in a
color to match the color of the roof).
E. Preliminary floor plans for each level of the parking garage (aIl parking spaces shall
be dimensioned ai~d the total number of spaces on each level shall be shown on the
plan).
F. Preliminary landscape plans showing
proposed landscape plantltree palette,
proposed trees, shrubs and groundcover.
all proposed planting materials and the
including color photographs, to show the
G Above- and below-ground utility equipment shall be shown on each site plan and
landscape plan. flans must indicate how any above-ground equipment is fully
screened by landsc~iping from a~~y public view.
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H. Conceptual colored renderings of the site improvements to show the building
elevations from Harbor Boulevard, Katella Avenue, Clementine Street, 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.
I. 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 decorative paving materials for the interior courtyard areas of the site and
pedestrian gathering areas will be compatible with on-site uses. The design and
location of the walkways shall not impact the placement of trees in the public right-
of-way parkways. In addition, the walkways shall not preclude the planting of the
number of trees required for the setback area by The Disneyland Resort Specific Plan
Design Plan,
J. Letter from t11e property ownerldeveloper indicating how the Final Site Plan is in
compliance with The Disneyland Resort Specific Plan requirements and Conditional
Use Permit No. 4078, as amended.
K. That the lighting fixture plan shall include the style of the fixtures which shall be
compatible with tl~c 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 clearly illustrate the
relationship between the proposed construction on each development phase and
existing developil~cntluses on adjoining development phases}. Such additional
information is intended to illustrate vehicle and pedestrian circulation between
development phas~.~s, 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 the
other development phases (i,e,, vacant, pre-existing use, construction underway in
accordance with Anaheim GardenWalk uses, construction completed in accordance
with Anaheim GarclenWalk 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 flan adjacent to a development phase which is vacant or which is
not developed in <<ccordance with Anaheim GardenWalk Overlay shall show that a
minimum ten (10) Foot setback, fully landscaped, shall be provided and maintained
along the propert}~ line separating said development phases.
20
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 special events permit shall be obtained.
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 the provisions
of the Anaheim Municipal Code."
70. 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 Agreement by and between Anaheim GW, LLC and the City of Anaheim. "
71. That prior to approval 01~ the first Final Site Plan for Area B, the property ownerldeveloper
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 may be shared between multiple land uses in
Areas A and B, said analysis shall include information regarding the number of parking
spaces, the land uses acid the building areas in the previously approved portions of the
project. If the parking analysis concludes that additional parking spaces are necessary to
accommodate the parking 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,1..LC and the City of Anaheim, said spaces shall be shown on plans
submitted for Final Site flan approval."
72. That the Anaheim GardcnWalk project shall be developed in accordance with the following
provisions, as set forth i~l Development Agreement No. 99-01, as amended:
21
A. The property owner/developer shall obtain approval of Final Site Plans, obtain the
appropriate building and other permits, and continence construction of the retail and
parking facility components of the Initial Phase (Area A} on or before February 26,
200?.
B. The property owner/developer shall complete the construction of and open the retail
and parking facility components of the Initial Phase within a period of two (2} ears
Y
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 complete 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 flan No, 92-1.
74. That the property own~rldeveloper shall construct the Anaheim GardenWalk project in
accordance with the following limitations:
A. The property owner/developer will not seek to change the entitlements for the one
thousand six hundred twenty eight (1,628) hotel rooms/suites to any other use;
provided, however, that the owner/developer may elect to construct up to 400
Vacation Ownership Units in lieu of 400 Hotel Rooms in Area A and up to 100
Vacation Ownership Units in lieu of 100 Hotel Rooms in Area B of the project, and
provided further, that the property owner/developer may elect to construct the
remaining hotel rooms as Condominium Hotels as defined in Code Section No.
18.114.020.0202 of The Disneyland Resort Specific Plan No 92-1, Anaheim
GardenWall; Overlay and as defined in Development Agreement No. 99-01, as
amended. As a condition of such election, the property owner/developer shall enter
into subseeluent <<greements with the City that provide the City with "in-lieu"
payments to be made at a mutually acceptable times}, and in amounts not in excess
of the equivalent "Transient Occupancy Taxes to which the City would be entitled if
such Vacation Ownership Units and Condominium Hotel units were occupied as
traditional hotel rooms.
22
B. The design of the Anaheim GardenWalk project shall incorporate the hotels as
integral components of the site plan, and the Anaheim GardenWalk project's
construction shall be consistent with said plan.
75. That a public art probram 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 budget), 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, all pre-existing land uses, buildings
and structures on tl~e property underlying said development phase{s) shall have been
removed; and that thc~ property owner/developer shall have obtained the appropriate
permits from the City fur the removal or demolition of such buildings or structures. In no
event shall any land use, buildinb, structure and/or other improvement approved in
connection with tl~e Anaheim GardenWalk project be allowed in addition to pre-existing
land usesand/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 issua~lce of the first building permit or approval of the first grading permit,
whichever occurs first, f'or development that incorporates all or a portion of the following
parcel{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:
Pyrovest (Anaheim Plaza Hotel and Suites) parcel
Variance No. l 0? 1: 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")
Variance No. 34 33: Approved on October 29, 1984 under Resolution No. PC84-225 for
waiver of permitted number and type of flags to retain 25 roof-mounted flags in the CR
Zone at 1700 South l-larbor Boulevard)
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80. That prior to approval of final site plans for any vacation ownership resort units within the
Anaheim GardenWallc Overlay, the property owner/developer shall submit information to
the Planning Department indicating the provision of facilities, amenities, or design features
usually associated witl~ 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 visitors 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
Office for reviev~~ and approval. The final CC&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 Master Lease shall not be amended or terminated without the
prior written approval of the Planning Director 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-reside~ltial condominium hotel rooms as set forth in Chapter 2.12 (Transient
Occupancy Tai) 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,
developed as part of this project shall
single qualified professional entity.
any non-residential condominium hotel
be managed, maintained and operated by a
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.
24
82. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
BE IT FURTI~ER RESOLVED that City Council does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance.with each
and all of the conditions herinabove set forth. Should any such conditions, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approval herein contained, shall be deemed null and
void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim thisllth day of'~ril , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By
MA OR THE Y ANAHEIM
ATTEST:
CI CLERK F THE ITY OF ANAHEIM
61209.1IMGordon
7j
Exhibit A
Lcgai Descriptions
AREA A:
Melodyland Parccls:
PARCEL A;
THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00
FEET OF THE SOUTI (EAST QtJARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN Tl•1L RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE:, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
51, PAGE 10 01~ Iv11SCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE WES`f 7?0.00 FEET.
ALSO EXCEPT Tl-IE NORTH 60.00 FEET.
PARCEL B:
THAT PORTION OF TI-lE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGI; 10 WEST, IN 1'HE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAI-IEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN 13O0K 51, PAGE ]0 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY ItEt)RUER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING A'f 'T'I-lE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTI-I G75.U0 FEE1' ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE I~AST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QIJAIZI~ER `f0 Tl~ll; TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'
30" EAST 675.11 I~I~E'I~ TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF TEE I.~ND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE
G. JEWELL, RI~CORDED OC`I'UBER S, 1979 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; T11f:NCl: EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUAR"I~f~lt TO TI~~IE SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA I3Y I)[:ED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453,
OF OFFICIAL REC'OIZDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF
SAID LAND CON V E1' LD TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG TI Il:. NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING,
EXCEPT THE WEST ?9?.00 FEE'T' THEREOF.
~b
ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF
Haseayager Parcel;
LOT 3 OF TRACT N0.3330, [N 'fHE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS S}SOWN 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 01~ ~'RACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PLR MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THEREI~ ROM THAT I'ORT10N CONVEYED TO THE CITY OF ANAHEIM BY
DEED RECORDED JULY 30, 1997 AS INSTRUMENT N0.97-0359942, OFFICIAL
RECORDS.
Berger Parcel:
LOTS 4 AND 5 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 F1~ET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION
22, 1N TOWNSHIP 4 S O U T I-{, Rn NG E 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, COUN'1~Y OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN 8001:51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE CUUN'~fY, DESC'IZ(BED AS FOLLOWS:
COMMENCING A'I' T'I-If; SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTII 67S.U0 FEE'~f 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 b75.11 FEET T'0 A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF Tl-IE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCiLLE G.
JEWELL, RECORDED OCTOI3ER S, 1959 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 486.4) F[~E'I' 7'0 ~~I (E SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA I3Y [)f ED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS; 'I'I-11~NC1~ NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO IZI~A, 67~.OU FEET TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG 'fI lE NOIZTI-f LINE OF SAID LAND OF REA TO THE TRUE POINT OF
BEGINNING;
~7
EXCEPT THEREFROM Tl-IE WEST 1 SO FEET OF THE SOUTH 360 FEET; ALSO EXCEPT
THEREFROM TFIE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET
WIDE.
PARCEL 2:
THAT PORTION OF TI-lE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WES"f, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, A S S I~ [OWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE IO MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING A"f "fl-1F. SOU"fHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NORTH 675.00 FEE'~I' ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST Ql1ARTl;R `f0 TIT TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16'
30" EAST 675.11 FI~E'I' TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY
CORNER OF THE I.AN[) DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE
G. JEWELL, RI~C'URDEU OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL
RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 486.41 FI:E'f TO T'IIE SOUTHEAST CORNER OF LAND CONVEYED TO
DONALD F. REA, 13Y DEED R[~CORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543,
OFFICIAL RECORDS; 'T'HENCE NORTH ALONG THE EAST LINE OF SAID LAND
CONVEYED TO RSA, G7S.00 Ff;ET TO THE NORTHEAST CORNER THEREOF; THENCE
WEST ALONG 'i'I li; NOR`1'H 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 I~'EE'I' WIDE.
ALSO EXCEPT 'I'I ILRI:F'1ZOM ~~I IE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE
WEST 292 FEET.
Orsini Parcel;
THAT PORTION Ul~ '1'11E SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN TI-[E CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, A5 SI~~OWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAT'S, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS F(.)LI..OWS:
COMMENCING A'I' 'T'HE SOU~fHWEST CORNER OF SAID SOUTHEAST QUARTER;
THENCE NOR"I'1~1 G7~.OU FEET ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE I::AS"f 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUART'l;R; TI-IENCE SOUTH 0° 16' 30", EAST 675.11 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF
THE LAND DESCIZIE3I:D IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL,
RECORDED OCT'UBEIZ S, 1951 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS;
THENCE NORT}I U° 1 G' 3U'' WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID
LAND; THENCE EAS'1" 1 SO.UO FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID
28
SOUTHEAST QUARTER; `THENCE SOUTH 0° lb' 30" EAST, 360.00 FEET PARALLEL
WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE
SOUTHERLY LING OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE
OF SAID SECTION 150.00 FEE`T' TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY
OF THE NORTHERLY LINE 01' THAT CERTAIN FINAL ORDER OF CONDEMNATION
DATED JANUARY 3U, 1998, CASE N0.782833 OF THE SUPERIOR COURT OF THE
STATE OF CALIFORN[A, A CERTIFIED COPY OF WHICH WAS RECORDED
FEBRUARY 9,1998 AS INSTRUMENT N0. 19980071981 OF 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 4G OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
AREA B:
Pyrovest Parcels;
PARCEL {
THE EAST 660.00 FEET OF TI-f E WEST 720.00 FEET OF THE NORTH 585.00 FEET OF
THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 1 U WEST, [N THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAI{EIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN a00K S 1, PAGE ] 0 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEIZEFRON1, THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT SOU`T'H 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST
CORNER OF THE A[3UVE DESCRIBED PROPERTY SAID POINT BEING ON THE
EASTERLY LINE OF I~ARBOR QOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13'
22" EAST ALONG SAID EAS`1'ERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30"
EAST PARALLEL TO Tl-IE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34
FEET; THENCE NOR`fl~l 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 NORTI~ 0° 13' ?2'' WI~:ST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE
OF FREEDMAN WAY, G0.00 FI;E`f WIDE; THENCE ALONG THE SOUTH LINE OF SAID
FREEDMAN WAY, S()U"fl-I 89`' S4' 30" WEST 134.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADNS OF 15.00 FEET;
THENCE WESTERLY' ,AND SOl!"fHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90° 07' S?" A LENC;'I'H OF 23.60 FEET TO THE TRUE POINT OF BEGINNING
OF THIS DESCRIP"PION,
29
PARCEL 2:
BEGINNING AT A POINT SOU"f H 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' ?2" WI~ST 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, SOUT1-I 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 SOI.I'rHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90° 07' S?'' A LENG~rI-I OF 23.60 FEET TO THE TRUE POINT OF BEGi1VNING
OF THIS DESCRIPTION.
30