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6022ORDINANCE NO. 6022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 AND CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NOS. 5377 AND 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT NO. 6). WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.114 (formerly, Chapter 18.78) to said Municipal Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A", redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established Zoning and Development Standards for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and, incorporation of text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on July 13, 1999, the City Council duly adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment encompassed text and exhibit changes throughout the Specific Plan document to reflect the establishment of the new Pointe Anaheim Overlay which provides for the development of the Pointe Anaheim Lifestyle Retail and Entertainment Complex, including amendments to the Development Plan, the Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and WHEREAS, on March 19, 2002, the City Council duly adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, 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, Design Plan, Zoning and Development Standards and Conditions of approval; 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 GardenWalk 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 -2- 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, 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 -3- 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 desires to amend and add certain conditions of approval to Ordinance No. 5377, as previously amended; and WHEREAS, the City Council also desires to amend the Zoning and Development Standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, development of the project site pursuant to the provisions of the Pointe Anaheim Overlay (now referred to as the "Anaheim GardenWalk Overlay"), as amended, remains an alternative to development of the project site pursuant to the provisions and density currently permitted for the project site as established by the underlying District A and C-R Overlay designations; and WHEREAS, the City Council finds that the proposed amendments are consistent with the findings and determinations made in Resolution No. 2006R- adopting Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. That Ordinance No. 5377, 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. 2. That, except as expressly amended herein, Ordinance Nos. 5377 and 5378, as previously amended, shall remain in full force and effect. 3. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.114 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .010 of Section 18.114.010 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Purpose. The regulations set forth in this chapter have been established to provide for orderly development of, and upon adoption of an ordinance reclassifying said property to SP 92-1 (the "Zone"), shall be applicable to that certain property (hereinafter referred to as the -4- "Specific Plan area") described in that Specific Plan No. 92-1 document (hereinafter referred to as the "Specific Plan") marked "Exhibit A" and on file in the Office of the City Clerk approved by the City Council on June 29, 1993; and as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); September 16, 1997 (Ordinance No. 5613); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); and , 2006 (Ordinance No. ) or as the same may be hereinafter amended in accordance with the Specific Plan Amendment procedures set forth in Chapter 18.72 (Specific Plans)." SECTION 2. That subsection .020 of Section 18.114.020 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Disneyland Resort Design Plan. The site development standards set forth in Sections 18.114.050 through 18.114.130 have been adopted to operate in conjunction with the Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific Plan document (hereinafter referred to in this Chapter as the "Design Plan") approved by the City Council on June 29, 1993, as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); and , 2006 (Ordinance No. ) as the same may be hereinafter amended in accordance with the Specific Plan amendment procedures set forth in Chapter 18.72 (Specific Plans). Said Design Plan is incorporated herein by this reference as if fully set forth in this chapter. All development otherwise permitted by this chapter shall comply with any applicable provisions of the Design Plan." SECTION 3. That subsection .050 of Section 18.114.030 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 "G" Words, Terms and Phrases. .0501 Gross Acreage. The total acreage of a parcel or lot measured from the ultimate public right-of-way, except that when computing density, properties along the following streets may include the following additional right-of-way widths in their gross acreage due to the enhanced ultimate right-of-way widths required by adopted General Plan Amendment No. 331 to implement The Anaheim Resort Public Realm Streetscape Program: Harbor Boulevard (twelve (12) feet); Katella Avenue (twenty eight (28) feet); Disney Way -(eleven and one-half (11 1/2) feet); Disneyland Drive, north of Ball Road (10 feet); and Disneyland Drive between Magic Way and Katella Avenue (two and one-half (2 1/2) feet). .0502 Gross Square Footage. The total square footage of a building or structure, including the exterior walls of all floors." SECTION 4. -5- That subsection .110 of Section 18.114.030 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".110 "R" Words, Terms and Phrases. .1101 Restaurant, Enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and may also serve other such restaurants provided if the restaurant is freestanding the food preparation area shall constitute not less than twenty-five ' percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. .1102 Restaurant, Satellite. Any establishment which is engaged primarily in the business of serving meals. The food preparation area for such a restaurant shall be an area permanently designed for food preparation, but may be located in a separate building from where the meals are served. Meals in such a restaurant may be served at tables or by self-service. Meals may be consumed either within a building or outdoors in an area designated for such purpose. .1103 Restaurant, Semi -enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. .1104 Restaurant, Walk-up. Any establishment which is engaged in the business of preparing and purveying food on a self-service basis, where service to the consumer is by means of a window or opening to the outside of the building and the food may be consumed either inside or outside the building. .1105 Retail Entertainment Center. Centers in which all goods and services are primarily oriented, marketed and intended for tourist, visitor and/or recreational consumers and not to the general public residing in the vicinity of such center." SECTION 5. That subsection .020 of Section 18.114.040 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Final Site Plan Approval. Final Site Plans (as described in this section and hereinafter collectively referred to as the "Final Site Plans") shall be processed in the following ways: .0201 Process for Approval. -6- .01 Planning Commission Report and Recommendation Item. Final Site Plans for the following types of plans shall be subject to the review and approval by the Planning Commission at a public meeting as a Report and Recommendation Item: (a) All development in the Hotel District with the exception of development subject to the standards and requirements set forth in Section 18.114.100 (C-R Overlay). (b) Streetscape and landscape within the Theme Park District, Parking District and Future Expansion District Setback Realms, as described in the Design Plan. (c) Minor boundary and acreage variations not exceeding ten percent (10%) of the larger parcel. (d) Final layout for the parking facility in the East Parking Area. (e) Final detailed layout of the Anaheim GardenWalk Overlay, Area A, as identified on Exhibit 5.8.311 designed in accordance with Conditional Use Permit No. 4078, as amended. One or more Final Site Plans may be processed for Area A provided that the retail concourse and parking facility shall be processed as one Final Site Plan and the hotels may be processed as separate Final Site Plans. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan. 02 Planning Commission Public Hearing Item. (a) Final Site Plans for all development within the Future Expansion District, with the exception of Parking Facilities shown on Exhibit 5.8.3e (Future Expansion District Concept Plan) of the Specific Plan document, shall be subject to the review and approval by the Planning Commission at a noticed public hearing. (b) Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for Conditional Use Permits in the Anaheim Municipal Code. Final Site Plans processed under this subsection shall be subject to environmental review. The Planning Commission shall review the Final Site Plan to determine if it is in substantial conformance with the Specific Plan and the provisions of this chapter. The Planning Commission may approve, disapprove or approve with conditions the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Before approving a Final Site Plan under the provisions of this subsection, the Planning Commission shall make the following findings of fact: -7- (i) That the proposed development will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (ii) That the size and shape of the site is adequate to allow for the full proposed development in a manner not detrimental to the particular area nor the peace, health, safety and general welfare; (iii) That the approval of the Final Site Plan under the conditions imposed, if any, will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim. (c) Notwithstanding the provisions and limitations of the foregoing subsections (i), (ii) and (iii), the Planning Commission or City Council may approve any Final Site Plan if the Planning Commission or City Council fords and determines, either in its approval of the Final Site Plan or any other finding pertaining to the proposed development (including environmental documentation), that (a) the concerns addressed by subsections (i), (ii) and (iii) above are mitigated to a level of insignificance or (b) overriding considerations warrant the approval of the Final Site Plan in the event that either one or more of the findings of fact required by subsections (i), (ii) and (iii) above is not made or insufficient evidence is set forth in the record to support one or more of the findings of fact. .03 Exemptions - Theme Park, Hotel, Parking and Future Expansion Districts and Anaheim GardenWalk Overlay. Development within the Theme Park District intended for theme park and theme park back -of -house support uses, hotels within the theme park, retail entertainment centers in the Theme Park and/or Hotel District(s), parking facilities in the Parking District and parking facilities within the Future Expansion District as shown on Exhibit 5.8.3e (Future Expansion District Concept Plan) of the Specific Plan document, and permitted signage in the Anaheim GardenWalk Overlay for the Anaheim GardenWalk project shall be exempt from the requirements of the Final Site Plan review. Building plans for these areas shall be submitted to the Building Division of the Planning Department and shall be reviewed for conformance with all applicable provisions of the Specific Plan prior to issuance of building permits. Anaheim GardenWalk project signage shall be reviewed by the Planning Department for conformance with The Disneyland Resort Specific Plan Anaheim GardenWalk Overlay requirements prior to issuance of sign permits. .04 District A and C-R Overlay. Final Site Plans for development within District A and the C-R Overlay shall be processed in the following manner: (a) Proposed development in the C-R Overlay in conformance with the requirements of the District shall be processed according to the requirements of that District. (b) Proposed development in conformance with the requirements of District A or the C-R Overlay shall be processed in the following manner: -8- (i) Implementation. The Specific Plan shall be implemented through the processing and approval of Final Site Plans prior to the issuance of building permits, except as expressly provided in subparagraph 18.114.040.020.0201.04(b)(ii)d (Final Site Plan Exemptions). For uses requiring a conditional use permit or variance to waive code requirements, the Final Site Plan shall be submitted and reviewed for consistency with the Specific Plan in conjunction with the processing of the conditional use permit or variance. (ii) Final Site Plan Review and Approval. a. Review and Approval. Final Site Plans, including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and information as required by the Planning Director, shall be prepared and submitted to the Planning Department for review and approval by the City of Anaheim Planning Commission as a Report and Recommendation Item. If the Final Site Plan is found to be in conformance with the Specific Plan, the Design Plan and the provisions of this Chapter, the Final Site Plan shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building, landscape or signage permits shall be in conformance with the approved Final Site Plan. b. Appeal Process. The appeal shall be processed in the same manner as appeals for decisions on reclassifications, conditional use permits or variances as set forth in Sections 18.60.130 through 18.60.150 except that the appeal period shall be a maximum of ten (10) days. c. Environmental Review. Notwithstanding any other provision of this Chapter, Final Site Plan review by the Planning Department under subparagraph 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleared by the Environmental. Impact Report for The Disneyland Resort Specific Plan (EIR No. 311) or other final environmental documentation. If not, then the proposed activity shall be subject to the preparation of an Initial Study and potential further environmental review and mitigation pursuant to the California Environmental Quality Act requirements. d. Final Site Plan Exemptions. Projects or improvements that are exempt from the Final Site Plan process shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the Specific Plan prior to issuance of building, landscape or signage permits. The following projects or improvements are exempt from.the Final Site Plan review and approval process as set forth in subparagraph 18.114.040.020.0201.04(b)(ii)a (Review and Approval): a) Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. 0 b) Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed five percent (5%) of the building's gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and, are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter. c) Exterior fagade improvements which do not add to the gross square footage of a building or development complex; are in substantial conformance with the building envelope; and, are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter. Such improvements may include, but are not limited to, the installation of window awnings and/or canopies, replacement of existing doors and windows, and modification, repair or resurfacing of exterior walls and roof areas. d) Signage, including Anaheim Resort freestanding monument signs, wall signs, and on-site directional/informational signs, except as provided for in subparagraph 18.114.130.060.0602 (Conditionally Permitted Signs) and which signs are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter. e) Landscape/hardscape improvements or modifications which are not in connection with building modifications. .05 Final detailed layout of the Anaheim GardenWalk Overlay, Area B, as identified on Exhibit 5.8.311. One Final Site Plan encompassing the entirety of Area B shall be processed in the following manner: a) Review and Approval. Final Site Plans, including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and information as required by the Planning Director, shall be prepared and submitted to the Planning Department for review and approval by the City of Anaheim Planning Commission as a public hearing item. If the Final Site Plan is found to be in conformance with the Specific Plan, the Design Plan, Conditional Use Permit No. 4078, as amended, and the provisions of this Chapter, the Final Site Plan shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building, landscape or signage permits shall be in conformance with the approved Final Site Plan. b) Appeal Process. The appeal shall be processed in the same manner as appeals for decisions or reclassifications, conditional use permits or variances as set forth in Sections 18.60.130 through 18.60.150 except that the appeal period shall be a maximum of ten (10) days. c) Environmental Review. Notwithstanding any other provision of this Chapter, Final Site Plan review by the Planning Department under subparagraph -10- 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination whether the proposed building, structure, or use has been environmentally cleared by the Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004a. If not, then the proposed activity shall be subject to the preparation of an Initial Study and potential further environmental review and mitigation pursuant to the California Environmental Quality Act requirements. .0202 Content of the Final Site Plan Submittal. Final Site Plans shall contain the information set forth in the Final Site Plan Review Application as adopted by Resolution of the City of Anaheim Planning Commission and on file with the Planning Department. .0203 Phased Submittals. Final Site Plans may be submitted for phases or portions of phases as shown and described in Exhibit 3.4a (Phasing Plan) of the Specific Plan document." SECTION 6. That the introduction, only, of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "Set forth below are the standards for the development of The Disneyland Resort Specific Plan Districts excepting that subsections 18.114.050.010 (General) through 18.114.050.050 (Prohibited Uses) shall not apply to projects in District A or developed under the C-R and Anaheim GardenWalk Overlay requirements. Subsection 18.114.050.0705 (Lot Ties) shall not apply to projects in District A or developed under the C-R Overlay requirements. The C-R Overlay standards for those uses are set forth in Section 18.114.100 (C-R Overlay). The District A standards for those uses are set forth in Section 18.114.095 (District A). The Anaheim GardenWalk Overlay standards for those uses are set forth in Section 18.114.105 (Anaheim GardenWalk Overlay). The Districts and corresponding Development Areas herein are those identified on the Development Plan Map (Exhibit 3.3b (Development Plan) of the Specific Plan document" SECTION 7. That subsection .030 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Permitted Temporary Uses and Structures. The following temporary buildings, structures and uses shall be permitted subject to the conditions and limitations specified herein: .0301 Contractor's Office and/or Storage. Temporary structures including the housing of tools and equipment or containing supervisory offices in connection with construction projects. Such structures may be established and maintained during the progress of construction on projects in accordance with the phasing plan of the Specific Plan. The location and duration of such use shall be subject to the approval of the Planning Director. -11- .0302 Open Air Festival. An event (public gathering, speech, concert, presentation, or show) oriented towards tourists and visitors to The Disneyland Resort and held outside in a theme park or hotel complex out of view of the public right-of-way and not directed to the public right-of-way. .0303 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events as defined in Chapter 18.92 (Definitions), not including Open Air Festivals or events within the theme parks, shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) and Section 18.44.170 (Temporary Signs - Special Event Permit), provided that the following additional limitations shall apply in District A, the C-R Overlay and the Anaheim GardenWalk Overlay: .01 Outdoor events or uses held within the confines of the Anaheim GardenWalk Overlay shall be subject to the provisions of Section 18.114.105.020.0203.02 of this Chapter and Anaheim GardenWalk banners shall be subject to the provisions of Section 18.114.130.020.0201.02(g) of this Chapter. .02 In District A and the C-R Overlay, one (1) banner may be displayed upon the premises provided the banner is used in association with an on-site convention, a grand opening, the temporary identification of a new business, or any other event that is determined by the Planning Director to be in conformance with the goals and policies of the Specific Plan. The message on the banner shall be limited to the name and/or logo of the business or the event. The banner shall be securely attached to the building wall on which it is displayed. .03 The following uses or activities are specifically prohibited: (a) Any outdoor display and/or sales of merchandise or promotional materials in a location that is visible from a public right-of-way and/or adjacent property; (b) Inflatable advertising displays; (c) Outdoor advertising of merchandise, products and/or services, including, but not limited to, merchandise promotions, sales, pricing, etc.; (d) Roof -mounted displays of flags, banners, balloons, inflatable devices, or similar promotional displays; (e) Display of pennants or pennant -type banners in a location that is visible from a public right-of-way and/or adjacent property; a fence; and (g) Flags, banners or balloons displayed in a landscape area or on (h) Worn, frayed or faded flags or balloons shall not be permitted. -12- .0304 Temporary Parking Lots. Temporary parking lots are subject to the review and approval of the City Traffic and Transportation Manager in accordance with subsection 18.114.110.070 (Temporary Parking). For the purposes of this chapter, "temporary parking lots" shall be defined as an area intended for the temporary parking of automobiles and other vehicles and not intended to be the ultimate use of the property" SECTION 8. That subsection .090 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall comply with the provisions provided herein. .0901 Appurtenant Structures. The following structures appurtenant to other structures shall be permitted to encroach into required setbacks as shown in Cross Sections la, lb, 12, 15, 16 and 17 contained in Section 5.0 (Design Plan) of the Specific Plan: .01 Access ramps for automobiles to enter and exit parking facilities. .02 Access ramps and stairways for pedestrians to enter and exit parking facilities, hotels, motels and other permitted structures. .0902 Mass Transit Related Structures. Structures related to the operation of the people mover/moving sidewalk and monorail systems, including stations, pedestrian access ramps and stairways, and elevated tracks on which the vehicles operate shall be permitted to encroach into required setbacks. .0903 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height, except as approved by the Transportation and Traffic Manager, shall be permitted within the "Arterial Highway and Commercial Driveway Approach" area as defined by the applicable Engineering Standard Details on file in the office of the Director of Public Works. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. .0904 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks except in the Theme Park District on Harbor Boulevard in the bus and shuttle drop-off area as described in Exhibit 4.4.2a. "Conceptual Diagram for Theme Park Drop-off Area," of the Specific Plan document and in the existing parking facilities in the Hotel District and in the Theme Park District as described in Exhibit 3, "Existing Structures to Remain," of the Specific Plan document. Surface parking between the front building line and the required front yard setback is permitted except on Harbor Boulevard and Katella Avenue. .0905 Parking in Interior Lot Setbacks. Where an interior lot property line abuts a multiple -family residential zone, the required setback area adjacent to such interior lot property -13- line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the residential zone property line on maximum fifteen (15) foot centers; and further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in subsection 18.114.050.1002 (Screening Abutting Residential Property). .0906 Decorative Elements Permitted. Fountains, planters and sculptures (not to exceed thirty-six (36) inches in height), and decorative paving, walkways and ponds shall be permitted within the required setback, provided they are an integral part of the landscaping plans approved with the Final Site Plan as described in subsection 18.114.040.020 (Final Site Plan Approval) and in compliance with the vehicular sight distance requirements as described in paragraph 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained). .0907 Utility Elements and Associated Decorative Screen -Type Fences or Walls. Utility elements, devices or facilities and associated decorative, screen -type fences or walls, shall be permitted to encroach into the required interior setback areas, provided such encroachments shall not exceed thirty-six (36) inches in height and such associated walls or fences do not prohibit access to utility devices or facilities. Encroachments into the required setback area adjacent to a public street for necessary utilities and associated screening may be approved by the Planning Director subject to the provisions of subsection 18.114.050.090.0911 (Utility Elements and Screening Walls/Fences). .0908 Signs Permitted. Signs shall be permitted as provided in Section 18.114.130 (Sign Regulations) except as otherwise restricted by subsection 18.114.130.060 (Business and Identification Signs), Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) found in subsection 18.114.130.060.0604 (Sign Standard Matrices) and subsection 18.114.130.070 (Automotive Service Station Signs). .0909 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from the front property Be, and further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. .0910 Driveways and Walkways Permitted. Entrance and exit driveways and walkways into building or parking areas, including driveways and walkways that provide reciprocal access between adjacent properties, shall be permitted subject to the approval of the City's Trac and Transportation Manager. .0911 Utility Elements and Screening Walls/Fences. The Planning Director, without public notice or hearing required, may approve encroachments into required setback areas adjacent to a public street for utility elements, devices or facilities and screening walls/fences associated with utility elements provided that (i) physical constraints on the subject property or the location of existing utility elements preclude strict adherence to the setback requirements; (ii) said encroachments do not prevent the setback area from being landscaped in accordance with the Design Plan; (iii) the screening wall/fence height does not exceed the -14- maximum wall/fence height allowed by this Chapter; (iv) any screening is in accordance with subsection 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained); and (v) any utilities are fully screened by landscape and/or walls/fences which are planted with clinging vines or fast- growing shrubs so that the utilities are not visible from the public right-of-way or adjacent properties. The decision of the Planning Director shall be in writing and shall be final and effective ten (10) days following the date thereof unless an appeal to the Planning Commission is filed within that time by any interested person or review is requested by two or more members of the City Council. Notwithstanding the foregoing, the Planning Director may refer consideration of said encroachments to the Planning Commission for review and approval at a public meeting, without public notice or a public hearing, as a Report and Recommendation Item. The Planning Commission's decision shall be final and effective ten (10) days from the date of the Planning Commission's announced decision unless an appeal to the City Council is filed within that time by any interested person or review is requested by two or more members of the City Council. Appeals shall be processed as set forth in Sections 18.60.130 through 18.60.150, except as expressly set forth in this paragraph .0911" SECTION 9. That subsection .100 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".100 Required Site Screening. .1001 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway or residential zone boundary as set forth in Section 18.114.090.050 (Structural Setback and Yard Requirements). The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. .1002 Screening Abutting Residential Property. Where the property abuts a residential zone, this buffer shall consist of a minimum eight (8) foot high masonry wall, located at the property line, except in the Future Expansion District where it can be twelve (12) feet high, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides if visible from public right-of-way. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .1003 Screening Abutting Freeway. Where the property abuts a freeway, except as provided for in subsection 18.114.060.050 (Setbacks - Lots Abutting Public Rights -of -Way), a ten (10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be permanently planted, irrigated and maintained. When a wall is provided at the property line, the wall shall be designed or situated so as not to obstruct the view of the landscaping from the freeway. Such walls shall be decorative and landscaped in compliance with the design plan. -15- .1004 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. .1005 Screening of Surface Parking Areas. Where surface parking is visible from an adjacent public street, such parking areas shall be screened with landscaping. Said landscaping area shall consist of. (a) shrubs or bushes which can attain a minimum height of thirty-six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or (c) decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches. .1006 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .1007 Utility Equipment. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross -connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. .1008 Roof Mounted Equipment. Roof mounted equipment shall be painted the same color as the roof, shall be screened from view of adjacent public rights-of-way and from adjacent properties at any point measured six (6) feet above grade and shall be considered as part of the total building height except as provided for in Section 18.114.080 (Land Use and Site Development Standards - Parking District (Development Areas 3a and 3b)). .1009 Refuse Container and/or Trash Compactor Enclosures. Refuse container enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Design Plan and in compliance with the Maintenance standard entitled "Refuse Container Enclosure for Multiple -Family Residential, Commercial and Industrial Use" on file in the Building Division of the Planning Department. Refuse container and/or trash compactor enclosures shall be constructed with a roof. .1010 Vacant Land. Vacant land shall be screened from view from the public right-of-way by one of the following screening methods set forth in the following sub -paragraphs -16- .01 or .02 or the vacant land shall be planted with temporary landscaping or groundcover complete with temporary irrigation and maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for the portion of the site - where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this chapter. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock is not subject to the screening requirements contained herein. .01 Land which is vacant for under one (1) year shall be screened with a six (6) foot high chainlink fence adjacent to all public rights-of-way and adjacent properties with green scrim securely attached to the street side and adjacent property side of the chainlink fence. .02 Land which is vacant for over one (1) year may be screened by a chainlink fence and green scrim as required in .01 above; however, the fence shall be relocated so that a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area shall be planted adjacent to the public right-of-way in front of the chainlink fence with scrim. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in subsection 18.114.050.110 (Landscaping), and shall conform to the Design Plan. .1011 Walls and Fences. Walls and fences containing solid surfaces accessible to the public, with the exception of walls that are part of an entry monument design, shall be landscaped with either clinging vines or fast-growing shrubbery which will screen the wall or fence surface within a period of two (2) years of installation so as to eliminate graffiti opportunities. The maximum permitted wall or fence height shall not exceed sixteen (16) feet provided that heights in excess of twelve (12) feet for walls other than sound attenuation walls required by a Noise Study, shall be subject to the approval of a Conditional Use Permit in accordance with subsection 18.114.050.040 (Conditional Uses and Structures). Sound attenuation walls shall be screened from public view with landscaping, including vines and shrubs. Refer to Exhibit 5.8.3f, "Wall/Fencing Plan," of the Specific Plan document for locations of the permitted twelve (12) to sixteen (16) foot high sound attenuation walls. In the Theme Park District, chain link fences and trellises on walls for landscape screening purposes, are permitted to a maximum height of sixteen (16) feet. Walls and fences constructed in District A and under the provisions of the C-R Overlay or Anaheim GardenWalk Overlay shall not exceed eight (8) feet in height. In District A, the C-R Overlay and the Anaheim GardenWalk Overlay, the use of chainlink fencing (with the exception of temporary chainlink fences used to screen vacant land as set forth in subsection 18.114.050.100.1010 (Vacant Land), barbed wire and/or razor wire is prohibited. .01 Exceptions. Unless specified otherwise in this chapter, within any required street landscape setback area, walls and/or fences shall be permitted at a maximum height of thirty-six (36) inches with the exception of walls/and or fences used as barriers to create enclosure for outdoor dining areas, which shall be permitted to a maximum height of forty-two (42) inches. All walls and/or fences within the vehicular line -of -sight area as -17- described in paragraph 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained) shall be a maximum height of twenty-four (24) inches. Such walls and/or fences shall be decorative and designed to complement the landscape setback area and planted and maintained with clinging vines." SECTION 10. That subsection .100 of Section 18.114.095 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Setbacks from Abutting Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District. Such setbacks shall be measured from the ultimate planned public right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0 (Public Facilities Plan)," and 5.0 (Design Plan) of the Specific Plan document. All setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the Design Plan and in accordance with Section 18.116.100 (Central Core). .0901 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section Number 17a. .0902 Disney Way (formerly, Freedman Way). Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section Number 17b (Disney Way: Setback Adjacent to District A)" SECTION 11. That the Title, only, of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.114.105 ANAHEIM GARDENWALK OVERLAY." SECTION 12. That subsection .010 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Purpose. The Anaheim GardenWalk Overlay has been established to provide for the development of the Anaheim GardenWalk project pursuant to the uses set forth in subsection 18.114.105.020 (Conditional Uses) and subject to the density limitations set forth in subsection 18.114.105.030 (Anaheim GardenWalk Density), if the properties are not developed in accordance with The Disneyland Resort Specific Plan Parking District (East Parking Area) requirements or the District A or C-R Overlay requirements." SECTION 13. -18- That subsection .020 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Conditional Use and Structures. .0201 The following buildings, structures and uses set forth in paragraphs .0202 and .0203 shall be permitted as part of the Anaheim GardenWalk project provided that: .01 Conditional Use Permit No. 4078, as amended, is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits); .02 All uses and structures set forth in subsection 18.116.070.030 (Permitted Accessory Uses and Structures) and in subsection 18.116.070.040 (Permitted Temporary Uses and Structures) shall be permitted in the Anaheim GardenWalk Overlay; .03 With the exception of paragraph 18.116.070.060.0619 (Prohibited Signs) all uses set forth in subsection 18.116.070.060 (Prohibited Uses) shall be prohibited in the Anaheim GardenWalk Overlay; .04 All development is subject to the limitations described in Section 18.114.050 (Land Use and Site Development Standards - General); and, .05 The Anaheim GardenWalk project shall be designed in accordance with the Conceptual Site Plans and Sign Plans shown in Exhibits 5.8.311, 5.8.3.f.2, 5.8.313, 5.8.314, 5.8.315, 5.8.316, 5.8.317 and 5.8.318 of the Specific Plan document. .0202 Hotels, including suite -type hotels, vacation ownership resort units and condominium hotels, as described in subsection 18.114.105.030 (Anaheim GardenWalk Density). For the purpose of the Anaheim GardenWalk Overlay, condominium hotels are hotels which are facilities meeting the definition of a hotel with ownership structured as a condominium (non-residential), cooperative or other ownership/financing arrangement found by the Planning Director to be similar in function and/or operation, but shall not include timeshares in or interval fractional ownership of a hotel; and, shall be deed restricted to limit owner occupancy to a maximum of two (2) weeks per year. .0203 All conditional uses and structures listed in subsection 18.116.070.040 (Conditional Uses and Structures) which implements the list of uses described in subsection 18.114.105.030 (Anaheim GardenWalk Density) as further described below: .01 Specialty Retail/Entertainment Center with integrated management and a festive theme orientation and plaza/pedestrian-oriented amenities with the following types of uses: (a) Banking facilities. -19- (b) Children's, men's, and women's apparel, shoes, jewelry and accessories. (c) Entertainment facilities (amusement arcades, skating rinks, outdoor recreational playground areas). (d) Shopping services. (e) Specialty merchandise, gifts and toys. (f) Transportation/travel services including an automobile rental agency office (with no on-site vehicular storage). broadcast facilities at the site. (g) Radio and television studio to enable live and/or taped (h) Baby-sitting services. (i) Fast-food/food court -type and walkup/ specialty restaurants. 0) Enclosed and semi -enclosed full-service and theme -type restaurants/nightclubs with or without on-site sale and consumption of beer, wine, and alcoholic beverages and associated entertainment uses (billiards, dancing, live and recorded performances). (k) Art galleries/museums. .02 Outdoor events/uses held within the confines of Anaheim GardenWalk, out of view of the public right-of-way and not directed towards the public right-of- way including open-air festival events oriented towards tourists and guests for public gatherings, speeches, concerts, presentations, or shows; outdoor booths, kiosks and stands; and, outdoor special lighting effects. .03 Theaters, including dinner, legitimate or motion picture theaters, performance theaters or night clubs, and indoor amphitheaters. taxis. .04 Parking/transportation facilities for automobiles, buses, shuttles, and .05 Murals. 06 Onsite directional signs. .07 Icon/themed signage elements set forth in subparagraph 18.114.130.060.0602.05." SECTION 14. -20- That subsection .030 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Anaheim GardenWalk Density. The Anaheim GardenWalk Overlay encompasses two areas (Areas A and B) as identified on Exhibit No. 5.8.3.f.1. The maximum density for the Anaheim GardenWalk Overlay shall be as follows: 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay density is set forth in more detail in Exhibit 3.3.6b of the Specific Plan document (Program Summary for Anaheim GardenWalk Overlay)." SECTION 15. That subsection .050 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. A ten -foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort Specific Plan No. 92-1 Zone boundary and adjacent to Anaheim GardenWalk Overlay, Area B is required for structures developed under the provisions of Section 18.114.105 (Anaheim GardenWalk Overlay)." SECTION 16. That subsection .070 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Minimum Lot Width. Lots shall comply with the minimum lot width provisions of paragraph .0704 of subsection .070 (Structural Height and Lot Width Requirements) of Section 18.114.050 (Land Use and Site Development Standards - General). Notwithstanding the foregoing, lots in the Anaheim GardenWalk Overlay shall have a minimum cumulative frontage of one hundred seventy five (175) linear feet, provided that an unsubordinated covenant satisfactory to the Planning Department and the City Attorney's Office is recorded with the Orange County Recorder requiring development of the lots in compliance with Conditional Use Permit No. 4078, as amended, as part of the Lifestyle Retail and Entertainment Complex approved therein." SECTION 17. That subsection .090 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".090 Driveway Spacing. All driveway spacing shall comply with paragraph .1202 of subsection .120 (Parking Space and Access Design) of Section 18.114.110 (Off -Street Parking -21- and Loading Requirements), provided that a minimum distance between driveways of twenty five (25) feet may be permitted on Disney Way if one of the driveways is limited to emergency access only, subject to the approval of the City Traffic and Transportation Manager. SECTION 18. That subsection .100 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".100 Permitted Encroachments into Required Yard and Setback Areas. The required landscape setback area adjacent to the Disney Way and Clementine Street ultimate public right- of-ways may be paved provided: .1001 The paved area will serve pedestrian- related activities (restaurant outdoor dining, and limited pedestrian walkways from the public right-of-way to the Anaheim GardenWalk complex as approved by the Planning Director and the City Engineer). .1002 Clementine Street. A minimum seven (7) foot wide area of the required setback area between any restaurant outdoor dining area and the public right-of-way shall contain live landscape materials. .1003 Disney Way. A minimum five (5) foot wide area of the required setback area between any restaurant outdoor dining area and the public right-of-way shall contain live landscape materials. Further, that any outdoor dining areas located within the setback area may be a maximum of three (3) foot above or below grade of the adjacent public right-of-way and that no retaining walls or other structures located in the setback area shall exceed three feet in height unless otherwise required by the Anaheim Building Code." SECTION 19. That Section 18.114.106 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.114.106 CENTRAL CORE PROVISIONS FOR THE ANAHEIM GARDENWALK OVERLAY. .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment . that reinforces the character established by the landscape and other streetscape elements identified in The Anaheim Resort Identity Program. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard and Katella Avenue. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right-of-way. Subsection .030 below applies to the area between the ultimate public right-of-way and the actual (constructed) building setback. -22- .020 Setbacks Adjacent to Harbor Boulevard and Katella Avenue. The required landscape setback area adjacent to the Harbor Boulevard and Katella Avenue ultimate public right-of-ways may be paved provided: .0201 The paved area will serve pedestrian- related activities (restaurant outdoor dining, and limited pedestrian walkways from the public right-of-way to the Anaheim GardenWalk complex as approved by the Planning Director and the City Engineer); .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a entitled, "Tree Density Factor Plan"; .0203 Harbor Boulevard. A minimum of fifty percent (509/6) of the required setback area immediately adjacent to the restaurant outdoor dining area, excluding driveways perpendicular to the street, shall contain live landscape materials; and .0204 Katella Avenue. A minimum three (3) foot wide area of the required setback area between any restaurant outdoor dining area and the public right-of-way shall contain live landscape materials. .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right-of-way and the actual (constructed) building setback provided, however, that vehicular drop-off areas may be located adjacent to the front of a building, but not in the required minimum setback area. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas." -23- SECTION 20. That subsection .010 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Minimum Parking Requirements. .0101 Parking Requirements for Theme Parks and Associated Uses. .01 Theme park parking shall be provided at the rate of one (1.0) space for each one thousand (1,000) persons of estimated annual attendance with a minimum of twenty-four thousand five hundred (24,500) parking spaces provided for both employees and guests for the theme parks and associated uses at build -out. .02 For retail entertainment center uses, parking shall be provided at the rate of one (1.0) space for each one thousand (1,000) persons estimated non -theme park incremental annual attendance. .03 Required parking spaces may be provided either within the Parking District or, other Districts contained within this Zone. .0102 Parking Requirements for Hotels and Associated Uses in the Theme Park and Hotel Districts. The following number of parking spaces shall be provided: Four-fifths (0.8) of a space for each guest room. One-tenth (0.1) of a space per seat of eating/ drinking capacity plus six and seven -tenths (6.7) spaces for each one thousand (1,000) square feet of banquet/ meeting room areas, plus the following employee spaces: one-quarter space (.25) for each employee working in guest room areas; two (2.0) spaces per one hundred (100) seats of eating/drinking capacity; one (1.0) space per each one thousand (1,000) gross square feet of retail space. .0103 Minimum Parking Requirements for Administrative Office Facilities. Administrative Office Facilities within the Theme Park District contained within a building of more than fifty thousand (50,000) gross square feet shall provide parking spaces within the Theme Park District adjacent to such administrative facilities. The required parking may be located within a parking facility or in surface parking lots and shall be provided at the following rates: .01 Buildings three (3) stories or less: Four (4.0) spaces for each one thousand (1,000) gross square feet. .02 Buildings greater than three (3) stories: Three (3.0) spaces for each one thousand (1,000) gross square feet. .0104 District A and C-R and Anaheim GardenWalk Overlay Parking Requirements. The minimum number, type and design of off-street parking spaces for uses -24- developed in District A or under the provisions of the C-R or Anaheim GardenWalk Overlays shall comply with the requirements of Chapter 18.42 (Parking and Loading)." SECTION 21. That subsection .120 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, (except for parking for theme park and retail entertainment center uses), District A and the C-R and Anaheim GardenWalk Overlays only shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Design) and 18.42.070 (Parking Lot Design) and the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off-street parking and parking structures, except as follows: .1201 Maximum Curb Openings per Street Frontage. A maximum of twenty-five percent (25%) of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty-five (25) feet, in which case there shall be a maximum of one (1) twenty-five (25) foot wide curb opening. The maximum number of curb openings per street frontage shall not exceed the following standards: Two (2). .01 Parcel frontage three hundred (300) feet or less: One M. .02 Parcel frontage three hundred one (301) to six hundred (600) feet: .03 Parcel frontage greater than six hundred (600) feet: Four (4). .04 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels subject to the approval of the City's Traffic and Transportation Manager. .05 Access required and limited to emergency vehicles or access to utility easements shall not be considered as curb openings as provided in this section. .1202 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty- five (25) feet wide in accordance with the Design Plan, with wider widths subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. -25- .1204 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry drive, in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to driveway locations." SECTION 22. That subsection .030 of Section 18.114.120 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Required Zoning. Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted only in the Theme Park, Hotel and Future Expansion Districts subject to the requirements of subsection 18.114.050.020 (Limitation of Total Number of Hotel Guest Rooms or Suites), in District A and the C-R Overlay subject to the requirements of subsection 18.114.120.050 (Development Standards) and in the Anaheim GardenWalk Overlay subject to the requirements of section 18.114.105 (Anaheim GardenWalk Overlay)." SECTION 23. That subsection .040 of Section 18.114.120 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040 Related Uses. Vacation ownership resorts may include other uses, either as accessory uses to the vacation ownership resort use or as independent facilities, so long as the specific use is allowed by the relevant District or C-R or Anaheim GardenWalk Overlay designation. Such uses shall meet all City laws and requirements." SECTION 24. That subsection .050 of Section 18.114.120 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Development Standards. The development standards established in the relevant District or C-R or Anaheim GardenWalk Overlay designation shall be applicable to vacation ownership resort and the conversion of existing facilities to vacation ownership resort use. In District A and in the C-R Overlay, additional requirements may be imposed as follows: -26- .0501 Setback, height, landscaping, signage requirements and recreational amenities. Additional restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. .0502 Parking. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. .0503 Required facilities. The Planning Commission and/or City Council may require the provision of - facilities, amenities, or design features usually associated with hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, and the like) to ensure that the vacation ownership resort will adequately function in the same manner as a hotel/motel facility. .0504 Kitchen facilities suitable for visitors may be permitted by the conditional use permit permitting the vacation ownership resort." SECTION 25. That subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Signs - General. .0201 Application. .01 Sign standards and regulations contained within this section shall apply to all Districts and the C-R Overlay within the Specific Plan area, except that for theme park or retail entertainment center uses developed in the Theme Park and Hotel Districts, the sign standards contained in this section and other sign regulations contained within the Anaheim Municipal Code shall only apply to signs within the required setback adjacent to perimeter streets, excluding West Street/Disneyland Drive. In the Theme Park and Hotel Districts, wall signs for theme parks and retail entertainment center uses adjacent to the required setback along perimeter streets, excluding West Street/Disneyland Drive, shall be internally oriented. .02 Anaheim GardenWalk Overlay. Sign standards and regulations contained within this section shall apply to development in the Anaheim GardenWalk Overlay subject to the following exceptions: (a) Signs, objects or structures located in the interior areas of the Anaheim GardenWalk project shall be exempt from the requirements set forth in Section 18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in an "interior" area for the purposes of this section if they are: (i) Not visible to pedestrian or vehicular traffic from the public right-of-way at an equal elevation as the Anaheim GardenWalk property line (measured -27- five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim GardenWalk project; or, (ii) For Anaheim GardenWalk Overlay; Area A, at least one hundred sixty (160) feet from the adjacent public right-of-way or correspond with the setback of the last building bordering the view corridor, whichever is further as shown on Exhibit 5.8:315 (Anaheim GardenWalk Interior Signage and Icon/Themed Signage Element), and are visible only to pedestrian and/or vehicular traffic through limited view corridors at the entrances to the Anaheim GardenWalk project (as shown on Exhibit 5.8.31.5). The final dimensions of the view corridor shall be shown on the Final Site Plan, and shall not exceed the corridor widths shown on Exhibit 5.8.315. (iii) For Anaheim Gardenwalk Overlay, Area B, the Planning Commission shall review and approve an exhibit submitted as part of the Final Site Plan which identifies interior areas and the view corridor consistent with ciriteria set forth in subparagraph 18.114.130.020.0201.02 (a)(i) and (ii) (Signs - General). (b) Icon/themed signage elements, as defined in subparagraph 18.114.130.060.0602.05 (Business and Identification Signs) may be permitted subject to approval of a conditional use permit as set forth therein. (c) On-site Informational, Regulatory and Directional ("IRD") Signs. IRD Signs visible from the public right-of-way shall comply with the following: (i) The maximum sign area shall be eight (8) square feet. (ii) The design, location and number of signs shall be approved as part of the Coordinated Signage Program with the Final Site Plan for the Lifestyle Retail and Entertainment Complex. (iii) If a company symbol or logo is included in the sign copy, said symbol or logo shall occupy a maximum of twenty five percent (25%) of the sign area. (iv) An IRD sign may encroach into the required minimum setback abutting the adjacent public right-of-way provided that the location of the sign shall comply with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of -sight standards. (d) Business and Identification Signs for Anaheim GardenWalk Overlay, Area A. Business and identification signs located in the exterior areas of the Anaheim GardenWalk project shall be developed in accordance with Exhibit Nos. 5.8.31.6 (Business Identification Signs - Key Plan), 5.8.3.f.7 (Business Identification Signs - Disney Way) and 5.8.31.8 (Business Identification Signs - Katella Avenue). Business identification signs are defined as those signs intended to advertise individual tenants of the Anaheim GardenWalk -28- project (excluding hotels and vacation ownership resort units) and may consist of wall signs and/or freestanding signs. Business identification signs within exterior areas of the Anaheim GardenWalk project shall be shown on Final Site Plans subject to the review and approval of the Planning Commission. Prior to the issuance of sign permits, plans shall be submitted to the Planning Department indicating substantial conformance with sign plans approved as part of Final Site Plans and in accordance with Exhibit Nos. 5.8.316, 5.8.317 and 5.8.318. Business identification signs shall be considered to be located in an "exterior" area of the project for the purposes of this section if they . are not otherwise considered as "interior" as defined in subparagraph 18.114.130.020.0201.02(a). (e) Projecting Signs. Projecting Signs shall comply with the following: (i) The maximum sign projections shall be forty (40) inches as measured from the building wall and may encroach into the required setback area adjacent to the public right-of-way. (ii) Not more than one (1) projecting sign shall be permitted per storefront; provided, however, that in the case of a storefront that is located on a street corner, two (2) projecting signs may be permitted if both projecting signs will not be visible at the same time from any one point along the adjacent intersecting public rights-of-way. (iii) The maximum area of each sign face shall be six (6) square feet. (iv) The maximum height to the top of the sign panel shall be twelve (12) feet above the ground level directly below the sign, and the minimum clearance between the sign and the ground level shall not be less than eight (8) feet. (v) The sign shall not project above the building wall or roofline, whichever is lower. (vi) The sign copy shall be limited to the name and/or logo of the business. (f) Parking Structure Entry and Projection Identification Signs. A Parking Structure Entry and Project Identification Sign is a wall sign including the name of the project, the project logo or symbol, and/or words identifying the parking entrance and/or exit, which complies with the following: (i) Disney Way and Katella Avenue. One (1) Parking Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as follows: a. Such sign shall have one (1) display surface which shall be parallel to and in front of the exterior wall of the entrance to the parking structure. -29- right -of --way. b. Such sign shall not encroach into any public c. Such sign shall be limited to a maximum sign area of ninety (90) square feet with a maximum letter height of two (2) feet, six (6) inches. d. Such sign shall be located a minimum of eighty (80) feet from the public right -of --way. (ii) Clementine Street. One (1) Parking Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as follows: a. Such sign shall have one (1) display surface which shall be parallel to and in front of the exterior wall of the entrance to the parking structure. b. Such sign shall not encroach into any public right-of-way. c. Such sign shall be limited to a maximum sign area of one hundred and sixty (160) square feet with a maximum letter height of thirty-eight (3 8) inches. d. Such sign shall be located a minimum of eighty (80) feet from the public right -of --way. (iii) Disney Way. One (1) Parking Structure Entry and Project Identification wall sign per vehicle entrance shall be permitted, as follows: a. Such sign shall have one (1) display surface which shall be parallel to and in front of the exterior wall of the porte-cochere entrance to. the parking area. b. Such sign shall not encroach into any public right-of-way. c. Such sign shall be limited to a maximum sign area of three hundred (300) square feet with a maximum letter height of fifty-two (52) inches. d. Such sign shall be located a minimum of two hundred and fifty (250) feet from the public right-of-way. e. Such sign shall be limited to identification of the Anaheim GardenWalk project and the hotel/vacation ownership resort located above the parking structure. -30- (g) Project Identification Wall Signage. Project Identification wall signage in Area A shall be limited to one (1) building wall sign on a north building elevation visible to Disney Way, one (1) building wall sign on a west building elevation visible to eastbound traffic on Disney Way and or one (1) 'garden wall' sign with the name and/or Logo of the Project, as described herein, facing Katella Avenue, and further subject to the following: (i) Project Identification Building Wall Sign. Each building wall sign shall be limited to a maximum size of two hundred and forty (240) square feet with a maximum letter height of fifty two (52) inches, and shall be subject to the following: a. The maximum height of the sign shall not extend above the top of the building eave line or roofline, whichever is lower. b. The sign letters shall be located no closer than one half (0.5) the size of the letter to the top and sides of the building wall or facia. c. Such sign shall not project more than twelve (12) inches from the wall to which it is attached. d. Such sign shall not be attached to the building wall with visible supports or raceways. e. Such sign shall consist of internally illuminated channel letters and all raceways shall be concealed. (ii) Project Identification Garden Wall Sign. A 'Project Identification Garden Wall Sign' is a sign identifying the project that is integrated into a feature landscape element such as a wall or other landscape feature that expresses the architectural character or theme of the Project. The allowable sign area shall comply with paragraph .0102 (Area of Sign) of subsection 18.114.130.010 (Definitions Pertaining to Signs), and the requirements for a Freestanding Monument Sign as set forth in paragraph .0604 (Sign Standard Matrices) of subsection 18.114.130.060 (Business and Identification Signs) of this Chapter provided that: a. The feature landscape element may extend into the required setback area adjacent to a. public right-of-way provided that a minimum seven (7) foot setback from the public right-of-way shall be maintained and provided further that the element shall comply with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining commercial driveway approaches and relating to line -of - sight distance standards. b. The maximum height of the garden wall or any landscape feature element shall not exceed eight (8) feet (including the sign element). -31- shall not exceed seventy (70) feet. c. The maximum length of the garden wall d. Sign illumination shall be the same as permitted for Freestanding Monument Signs pursuant to paragraph .0604 (Sign Standard Matrices) of subsection 18.114.130.060 (Business and Identification Signs). (h) Project Theme Graphics. Graphic design features may be integrated into the architecture of the project for purpose of seasonal decoration and project theme development, subject to the following: (i) A maximum of eight (8) banners used for project identification and seasonal decoration will be permitted to project from building facades along Disney Way frontage in the location identified on Exhibit 10, Page 5 of Conditional Use Permit No. 4078, as amended. Banners are restricted to thirty-six (36) square feet in area and can project into the required building setback area. Vertical clearance below the banner shall be no less than ten (10) feet. Banners shall not project into the ultimate public right-of-way. 0202 Administrative Provisions - Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Specific Plan area, with the exception of theme parks and retail entertainment centers in the Theme Park and Hotel District, which shall be exempt from the provisions of this section and other regulations contained within the Anaheim City Code governing signs, shall be regulated and controlled exclusively by the provisions of this chapter except to the extent reference is expressly made in this chapter to any other provision of the Anaheim Municipal Code. In the event of any conflict between the provisions of this chapter and any other provisions of the Anaheim Municipal Code so referenced herein, the provisions of this chapter shall govern and prevail. All signs and all applications shall therefore be exclusively administered by the Planning Director except those signs which may be sought in conjunction with a conditional use permit or a zone variance. .0203 Coordinated Sign Program. All signs on a property shall be designed as part of a coordinated architectural, informational, regulatory and directional sign system with a consistent design detailing, typeface and color system. All multi -tenant signs shall either use one consistent typeface for all tenants or use one color for all sign copy. The capital letter height of all tenant identification copy shall be the same on a single sign face. Multi -tenant wall signs shall either be all wall signs or all canopy signs except for as provided elsewhere in this chapter for hotel/motel accessory uses. .0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in this Zone shall be contained within this chapter; provided, however, the provisions of Section 18.44.170 (Temporary Signs - Special Event Permit), and Chapters 4.04 (Outdoor Advertising Signs and Structures - General), 4.08 (Outdoor Advertising Signs and Structures - Near Freeways) and 4.09 (Advertising of Motel and Hotel Rental Rates)" of the Anaheim Municipal Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this chapter. -32- .0205 Variances From Sign Requirements. No person shall install or maintain any sign in the Specific Plan area except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Chapters 18.60 (Procedures) and 18.66 (Conditional Use Permits). .0206 Signs Approved in Conjunction with Conditional Use Permits. Approval of any conditional use permit shall be deemed to constitute approval of any on-site signs which are otherwise permitted in the Specific Plan area unless, as part of the action approving the conditional use permit, more restrictive sign requirements are imposed. .0207 Legal Nonconforming Signs - General. Any sign or other advertising structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this chapter shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. .01 Legal Nonconforming Signs -Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this chapter (hereinafter the "abatement") either: (a) within twelve (12) years from and after the date said sign first becomes nonconforming to the provisions of this chapter, or (b) on or before December 31, 2005, whichever is later; provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one (1) year's advance written notice from the Planning Director of the City requiring the removal or alteration of sign. Notwithstanding the foregoing: (i) Any advertising display which was lawfully erected, but whose use has ceased; or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety (90) days, shall be removed, altered or replaced so as to conform to the provisions of this chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. (ii) Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty (30) days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this chapter within six (6) -33- months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. (iii) Any advertising display, whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this chapter in conjunction with said project. (iv) Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign per said agreement. (v) Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Section 18.44.170 (Temporary Signs - Special Event Permit) or within such other time as expressly authorized by the City. (vi) Any advertising display which is an immediate danger to public health or safety shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. (vii) Any advertising display which in the opinion of the City Traffic and Transportation Manager constitutes a traffic hazard not created -by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. (viii) Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. (ix) Illegal Signs. Illegal signs as defined in subsection 18.114.130.010 (Definitions Pertaining to Signs) shall be removed, altered of replaced so as to conform to the requirements of this chapter within six (6) months following the effective date of this chapter. .0208 Regulation of Special Types of Signs - General. Notwithstanding any other provisions of this chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. -34- .0209 Signs Required By Law. Nothing contained in this chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law. .0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way),. except signs and gateways as described in the Design Plan or on the pedestrian overcrossing on Disneyland Drive, and private Anaheim Resort business identification freestanding monument signs within the ultimate public right-of-way along Katella Avenue, provided an Encroachment License is approved for such signs by the Public Works Department. .0211 Political Campaign Signs. Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property provided: .01 Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.114.130.020.0212 (Minimum Sight Distance Requirements for Freestanding Signs); .02 Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and .03 Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 (Building and Housing) of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. .0212 Minimum Sight Distance Requirements for Freestanding Signs. A line -of - site triangle is hereby established at each corner of every intersection of two (2) streets. Two (2) legs of the triangle shall extend twenty-five (25) feet along the ultimate right-of-way line of each street right-of-way (except at the intersection of Harbor Boulevard and Katella Avenue where the legs of the triangle shall extend twenty-five (25) feet along the back of the sidewalk) and the third leg shall connect the termini of each of the other two (2) legs. No sign above twenty-four (24) inches (as measured from the finished grade of the adjacent sidewalk) in height shall be permitted within the line -of -site triangle. Any freestanding sign installation located within fifty (50) feet of any driveway, including driveways on adjacent properties, shall meet the provisions of the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches." SECTION 26. That subsection .050 of Section 18.114.130 of Chapter 18.114 of Title IS of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -35- ".050 Future Establishment Signs. The future establishment of a business or other activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance with the following provisions: .0501 Ownership of Property. The subject property upon which the sign is located must be owned in fee interest, or must be under lease for a minimum ten (10) year period (from the date of issuance of the sign permit), by, or for the purpose of, the future business or establishment referred to upon the copy of said sign. Proof of compliance with this subsection shall be submitted to the Building Division of the Planning Department prior to issuance of a permit. .0502 Maximum Area Per Sign Face: Sixty (60) square feet. .0503 Maximum Height: Four (4) feet with a two (2) foot berm, for a maximum total height of six (6) feet. .0504 Maximum Number Permitted: One (1) single -faced or double-faced freestanding sign per each street or highway frontage. .0505 Location. All future establishment signs shall be located in the middle thirty (30) percent of the street frontage except for corner lot locations where said sign may be located at the comer. .0506 Time Limit. For development in conformance with the Theme Park, Hotel, Parking and Future Expansion Districts, five (5) years from date of construction or erection, and for development in conformance with District A or the C-R or Pointe Anaheim GardenWalk Overlays, one (1) year from date of construction or erection unless prior to expiration, approved by the Planning Director for an additional period not to exceed one (1) year. .0507 Names and Dates Required on Signs. The name of the sign owner, property owner or sign builder along with a phone number, as well as the date the sign is erected, shall be securely placed on each sign. .0508 Sign Permit Fees and Deposits. For each and every on-site future establishment sign, there shall be paid to the Building Division of the Planning Department, a sign permit fee and cash deposit to guarantee removal of each sign. The amount of said fees and deposits shall be as specified by City Council Resolution. Further, all such signs shall be subject to the following conditions: .01 Return of Deposit. If said sign is removed within thirty (30) days following the expiration date, the removal deposit shall be refunded to the depositor in full. .02 Failure to Remove. If said sign is not removed prior to or upon the permit expiration date, the City or its agents may enter upon subject property and remove the sign, the cost of the removal to be deducted from the removal deposit, and the remainder of the -36- removal deposit, if any, to be returned to the depositor. The person, firm or entity whose name appears on the sign (collectively "person") shall be notified of the City's intent to remove the sign not less than fourteen (14) days prior to removal by the City. Following removal by the City, said person shall be notified of the removal and said sign shall be retained for a minimum of ten (10) days following the date of such notice after which said sign may be disposed of by the City. .03 Authority. Before a permit for such a sign is issued, the owners of record of the premises and the person proposing to erect the sign must furnish the Building Division written authority granting the City of Anaheim or any of its agents or employees irrevocable permission to enter upon the premises and irrevocably appointing the Chief Building Official as the agent of the owners with permission and authority to remove such sign pursuant to the provisions of the section." SECTION 27. That subsection .060 of Section 18.114.130 of Chapter 18.114 of Title 18 'of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Business and Identification Signs. Business and identification signs shall comply with the Design plan, shall consist of permanent non -changeable copy except as provided for in Section 18.114.130.060.0602.01 (Changeable Copy Signs), and shall comply with the following: .0601 Permitted Signs. The following sign types are allowed in this Zone subject to the requirements of this chapter. .01 Freestanding Monument Signs. Such signs shall be: (a) Monument signs except as provided elsewhere in this chapter; (b) Limited to the name of the development and/or a maximum of three (3) company names which may be identified by the company name and/or company symbols/logos or three (3) generic names (e.g., 'gifts', 'restaurant'); (c) Such signs shall use the standard Anaheim Resort monument sign design and conform to the appropriate sign size as specified in Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign Standards Matrices) and in accordance with Planning Standard Details No. 5 and 6 on file in the Planning Department. (d) Freestanding monument signs shall be located in the approximate middle forty percent (40%) of the street frontage except on corner lot locations where said sign may be located at the corner. .02 Informational, Regulatory and Directional (IRD) signs not visible from the Public Right -of -Way. Such signs shall: -37- (a) Be located outside any required setback area; (b) Be designed to direct pedestrians and/or vehicular traffic while said traffic is on the parcel on which said signage is located; and (c) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign copy, it may occupy up to a maximum of fifty percent (50%) of the sign area. .03 Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right -of -Way. (a) Except as set forth in subparagraph (2) below, such signs shall: (i) Have a maximum sign face of eight (8) square feet; and (ii) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign copy, it shall occupy a maximum of twenty-five percent (25%) of the sign area. (b) Informational and directional blade signs visible from Magic Way may encroach into the required minimum setback area abutting the Magic Way public right-of-way and may exceed a maximum sign area of eight (8) square feet subject to the approval of the Planning Director provided: (i) "Blade Sign" shall mean a sign on blade panels affixed to a pole; (ii) Blade signs shall be designed as part of a coordinated architectural, informational and directional sign system; (iii) Such signage shall be limited to a maximum pole height of twelve (12) feet and a maximum pole diameter of eight (8) inches. The individual blade panels shall be limited to a maximum length of forty eight (48) inches, and shall be attached to the pole at a height between seven (7) feet and eleven (11) feet above grade level; (iv) Such signage shall be limited to a maximum of two (2) blade signs at each vehicular entry drive; and (v) Such signage shall not be oriented toward, or direct vehicular circulation toward, Walnut Street. 04 Wall Signs. (a) Wall signs shall not encroach into any public right-of-way, and are subject to the provisions specified in Exhibit 7.Oa (General Sign Standards Matrix) and -38- Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign Standard Matrices). (b) Said signs shall have only one (1) display surface; and (c) Said signs shall be placed parallel to and in front of any exterior wall of the building. .05 Canopy Signs. Canopy Signs as defined in subsection 18.114.130.010 (Definitions Pertaining to Signs) are considered a wall sign and as such, all regulations pertaining to wall signs also pertain to canopy signs. Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of-way and the awnings shall be an integral part of the building design. Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign Standard Matrices) and to the following provisions: (a) Said signs must be oriented to the pedestrian; (b) Said signs shall not be internally illuminated; (c) Only fifteen percent ONO of the entire surface of the awning may be utilized for the sign; (d) Said sign may include the company name and/or company symbol/logo; and (e) Up to one (1) canopy/awning may have "The Anaheim ResortTM" logo located on the canopy/awning in a size and location approved by the Planning Director. .06 Window Identification Signs subject to Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign Standard Matrices). .07 Restaurant Menu Boards subject to the provisions of Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) in paragraph 18.114.130.060.0604 (Sign Standard Matrices). 08 Other signs as permitted elsewhere in this chapter. .0602 Conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit pursuant to and in accordance with the applicable provisions of Chapters 18.60 ( Procedures) and 18.66 (Conditional Use Permits); this section is not intended to conditionally allow signs prohibited by this chapter or to change the -39- standards contained herein, but is intended to provide a mechanism to address special circumstances. .01 Changeable copy signs (including electronic message boards) for a theater, entertainment facility, amusement park, or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area. In addition, the following provisions shall apply to such signs: (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty five (25) feet whichever is lower, except that a theater or entertainment facility may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a Marquee sign. (b) Such signs shall not be visible from residential zoned or residentially developed properties; (c) The design of such signs shall be integrated with the architecture of the building; and (d) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (the technology used for reader board changeable message signs); .02 Signs neither otherwise expressly permitted nor otherwise expressly prohibited in this Zone. .03 Signs for any use, building or structure requiring a conditional use permit. .04 Projecting signs as defined in subsection 18.114.130.010 (Projecting Sign). .05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally -recognized image or object, including, but not limited to, trademarked objects, logos, or other images and figures associated with nationally -recognized corporate identities") shall be permitted subject to the approval of Conditional Use Permit No. 4078, as amended, or a separate conditional use permit provided that the signage shall be associated with a use approved for the Anaheim GardenWalk project pursuant to Section 18.114.105 (Anaheim GardenWalk Overlay); the location shall be in compliance with Exhibit 5.8.31.5 and further provided that the size, location, height (not to exceed thirty (30) feet in height measured from the elevation of the public sidewalk closest to the location of the element), and design of the signage shall be determined by the conditional use permit, and further provided that the maximum height of the icon/themed project element in the interior of Area A may be permitted up to a height of 75 feet measured from the elevation of the public sidewalk closest to the location of the element (Disney Way) to the top of the element, provided that the element is proposed without any signage, including -40- logos, trademarked objects or other images and figures associated with nationally -recognized corporate identities, excluding signage that is visible to the interior of the project only, and is located a minimum of two hundred (200) feet from the public right-of-way. Zone: .0603 Prohibited Signs. The following types of signs shall be prohibited in this .01 A -frame or "sandwich board" signs. 02 Animated signs. .03 Attachments or "riders" to signs. .04 Beacon lights or beacon signs, when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. .05 Billboards. .06 Business information sign. .07 Can -type signs which incorporate translucent copy and translucent background, provided, however, that can -type signs with opaque background, allowing only the copy to be illuminated, shall be permitted. .08 Changeable copy signs (including electronic message boards), as defined (except as permitted under a conditional use permit) for theaters, entertainment facilities, amusement parks or for hotel/motel complexes provided the site 'on which the use is located is a minimum of six (6) acres in area. .09 Emitting signs. .10 Exposed neon signs. 11 Flashing or traveling light signs. .12 Flourescent colors on signs except for colors on company symbols. .13 Landscape signs. An arrangement of any plant type (flowers, shrubs, etc.), which spells out words or resembles a symbol or a figure shall not be permitted. 14 Magnetic signs. .15 Off -premises or off-site directional signs, except as permitted in subparagraph 18.114.130.020.0201.02(c). -41- .16 On-site directional guidance and on-site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. .17 Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs - Special Event Permit). 18 Painted signs on exterior walls. .19 Pennants except as otherwise permitted pursuant to Section 18.44.170 entitled (Temporary Signs - Special Event Permit). Business," etc.). .20 "Come-on" signs (e.g. "Sale Today", "Stop," "Look," "Going out of .21 Pole signs. .22 Portable signs. .23 Product advertising signs (e.g., soft drinks, cigarettes, etc.) .24 Roof signs. .25 Rotating or revolving signs. .26 Signs attached to trees or landscaping. .27 Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. .28 Statues utilized for advertising purposes. .29 Temporary signs except as otherwise expressly permitted herein. .30 Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. .31 Vehicle entrance or exit signs which incorporate business name(s) or other advertising not in compliance with subparagraph 18.114.130.060.0601.03 (Information, Regulatory and Directional (IRD) Signs Visible from the Public Right -of -Way) . .32 Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicles on public or private property. .33 Wall signs located below the third (3rd) floor level of a building and which signs are located on a property adjacent to and visible from residential properties. -42- .34 Window signs, including neon signs and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification signs as defined in subparagraph 18.114.130.060.0601.06 (Window Identification Sign). .0604 Sign Standard Matrices. In addition to all other requirements contained in this chapter, permitted signs shall comply with the provisions of Exhibit 7.Oa (General Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign Standards Matrix) as hereinafter set forth in this chapter and the provisions of which are incorporated herein by this reference." SECTION 28. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 29. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 30. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. -43- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 11 th day of Apri 1 , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 25th day of April , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITIMAR AHEIM By OF THE ANAHEIM ATTES Aj C Y14LERK 6F THE CITY OF ANAHEIM 61298.1//MGordon -44- Exhibit A Legal Descriptions AREA A: Melodyland Parcels: (�6 0 W13 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 51, PAGE 10 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 BOOK 51, 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 OCTOBER 5, 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. -45- ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 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 I 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 NO. 97-0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 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 l: 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 5l, PAGE 10, 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. 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, 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; -46- EXCEPT THEREFROM THE WEST 150 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 10 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 THEREFROM 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 51, 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 675.11 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 00 16'30" 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 00 16' 30" EAST, 360.00 FEET PARALLEL -47- 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 NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 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 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 1260 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 00 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 00 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 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. -48- PARCEL 2: BEGINNING AT A POINT SOUTH 00 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 00 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 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. -49- 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 modifications 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 measurestproject 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 owner/developer. -50- 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. -51- 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. 6. 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 and/or dead. 8. 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, an all-weather road /driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, 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 -52- 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. 11 15. Combined with Condition No. 11 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 construction. 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 irrigation 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 owner/developer in compliance with City standards. -53- 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 a three-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 be semi—annually thereafter. -54- 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 specifically shown on the plans submitted for building permits. -55- 33. That property owner/developer 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 hotel/motel 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. -56- POLICE 40. That with the exception of the Theme Park and Parking Districts, which are already addressed in the Specific 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 lanes/storage 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 Traffic 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 lanes/storage 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. -57- 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. 51. 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. -58- 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 and/or 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 to/from 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 to/from the east parkway side of West Street/Disneyland 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 I1I, 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. -59- 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 construction 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 and/or 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 and/or property owner/developer, 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 relocation/construction of the SCE 220kV 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 220kV aerial alignment, in accordance with the requirements of Section 5.0, "Design Plan", of the Specific Plan document for the following areas: along the east side of Harbor Boulevard (between Freedman Way and 400 feet north of Katella Ave d t ; along Walnut Street); side andalong Katella west side ofeen 700 Walnut feet west of Harbor Boulevard 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 constructionstaging forgeviewsprepared to the satisfaction of the and approval by the City Engineer prior to ty Engineer, which shall be submittedto commencement of the relocation/construction activities. 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 corner of the Disneyland Administration Building site and Harbor Boulevard north of Manchester Avenue will aced with a new 16" water main to be Drive between the Harbor/Manchester constructed in Manchester Avenue/Midway -61- 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.Ithe s tt results do not meet City of in rules and regulations, then, the City will cause he necessary changes to be made 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 Streroval showing that the street has been designed to minimize through oWalnut five ears following the opening of the Second Theme Park, the applicant 75. That every Y Manager for shall submit a parking evaluation to the City Traffic and Transportation Manag 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. -62- AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 4, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 4, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 AND CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NOS. 5377 AND 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMEND- MENT NO. 6) This ordinance amends various sections of Chapter 18.114 of the Anaheim Municipal Code to change the project refer- ence contained therein from 'Pointe Anaheim Lifestyle Re- tail and Entertainment Complex" to "Anaheim GardenWalk project" and the overlay reference from 'Pointe Anaheim Overlay' to "Anaheim GardenWalk Overlay.' The ordinance also amends The Disneyland Resort Specific Plan No. 92-1 to reflect changes to the project description, as described above, and the intensity assigned to Area A and Area B of the project. The amendment also modifies the zoning and development' standards applicable to the Anaheim GardenWalk project to provide for the development of 569,750 square feet at spe- cialty retail, restaurants, and entertainment, including a mul- tiplex movie theater; 1,628 hotel rooms/suffes (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 changes the condi tions of approval of The Disneyland Resort Specific Plan No. 921. 1, Sheryl Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6022 which ordinance was re -introduced at a regular meeting of the City Council of the City of Anaheim on the 11th day o1 April, 2006 and was duly passed and adopted at a special meeting of said Council on the 251h day of April, 2006 by the following roll call vofe of the members thereof: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6022, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City, Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the Copy. Publish: Anaheim Bulletin May 4, 2006 25-371 8020644