96-177 RESOLUTION NO. 96R-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SPECIFIC PLAN NO. 92-1
FOR THE DISNEYLAND RESORT AND AMENDING
RESOLUTION NOS. 93R-146 AND 93R-147, AS
PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT
NO. 3).
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, the city Council of
the City of Anaheim has heretofore adopted its Resolution No.
93R-146 approving The Disneyland Resort Specific Plan No. 92-1
and Resolution No. 93R-147 approving Zoning and Development
Standards with conditions of approval for Specific Plan No. 92-1
ordinance making certain findings in conjunction therewith
pursuant to Chapter 18.93; and
WHEREAS, on March 22, 1994, the city Council adopted
Resolution No. 94R-41 amending Resolution Nos. 93R-146 and 93R-
147 and making certain findings in conjunction therewith pursuant
to Chapter 18.93; and
WHEREAS, on June 13, 1995, the City Council adopted
Resolution No. 95R-95 amending Resolution Nos. 93R-146 and 93R-
147, as previously amended, and making certain findings in
conjunction therewith pursuant to Chapter 18.93; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, Walt Disney Imagineering, as authorized agent for
The Walt Disney Company, submitted a request dated July 16, 1996
that the Planning Commission initiate Amendment No. 3 to The
Disneyland Resort Specific Plan No. 92-1 for property within the
Specific Plan Area not owned by The Walt Disney Company; and
WHEREAS, the Planning Commission, by its Resolution No.
PC96-69, duly initiated Amendment No. 3 to The Disneyland Resort
Specific Plan at its regularly scheduled meeting on July 22, 1996
for the portions of The Disneyland Resort Specific Plan Area not
owned by The Walt Disney Company; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, Walt Disney Imagineering, as authorized agent for
The Walt Disney Company, submitted a request on July 31, 1996 for
Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1
for the portions of the Specific Plan Area under the ownership of
The Walt Disney Company; and
WHEREAS, Amendment No. 3 to The Disneyland Resort
Specific Plan No. 92-1 including a Revised Phasing Plan
encompasses certain minor modifications to The Disneyland Resort
Project; modifications to the Disneyland Resort 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 certain modifications of text
and graphics, all as summarized in the Staff Report to the
Planning Commission dated August 19, 1996, and as set forth in
The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3
document (the "Amended Specific Plan"), on file in the Planning
Department of the City of Anaheim and further identified as
~'Exhibit A, Amendment No. 3;" and
WHEREAS, on August 19, 1996, the city Planning
Commission did hold a public hearing upon Amendment No. 3 to The
Disneyland Resort Specific Plan, notice of which hearing was
given in the manner required by law; and
WHEREAS, said Commission, after due inspection,
investigation and study made by itself and in its behalf, and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC96-80 recommending
to the City Council (1) the adoption of Amendment No. 3 to The
Disneyland Resort Specific Plan No. 92-1 as set forth in the
Amended Specific Plan," and (2) recommending amendment of
Ordinance Nos. 5377 and 5378, as previously amended, relating to
zoning for The Disneyland Resort Specific Plan No. 92-1,
including changes to the Zoning and Development Standards in
Chapter 18.78 of the Anaheim Municipal Code; and
WHEREAS, the City Council did hold a public hearing
upon Amendment No. 3 to The Disneyland Resort Specific Plan No.
92-1, notice of which hearing was given in the manner required by
law; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the city Council, in
Resolution No. 96R~76did find that the Addendum to Final
Environmental Impact Report No. 311 for The Disneyland Resort
Project (the "Addendum") and Modified Mitigation Monitoring
Program No. 0067 were prepared in compliance with the
requirements of CEQA and the State and City of Anaheim CEQA
Guidelines; that as demonstrated by the analysis included in the
Final EIR and Addendum for all environmental issues, the proposed
project actions will not result in new significant impacts or
substantial increases in the severity of previously identified
significant impacts and no supplemental or subsequent
environmental review is required; and that the Final EIR along
with the Addendum and Modified Mitigation Program No. 0067 are
adequate to serve as the required environmental documentation for
this request; and
WHEREAS, the City Council after due consideration of
Planning Commission Resolution No. PC96-80 and all evidence,
testimony, and reports offered at said hearing does hereby find
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that Amendment No. 3 is consistent with The Disneyland Resort
Specific Plan No. 92-1, and further finds that:
1. The property covered by The Disneyland Resort
Specific Plan No. 92-1 has unique site characteristics including
topography, location and surroundings which will be enhanced by
the special land use development standards of The Disneyland
Resort Specific Plan No. 92-1;
2. Specific Plan No. 92-1, as amended, is consistent
with the goals and policies of the General Plan and with the
purposes, standards, and land use guidelines therein;
3. Specific Plan No. 92-1, as amended, results in
development of desirable character which will be compatible with
existing and proposed development in the surrounding
neighborhood;
4. Specific Plan No. 92-1, as amended, contributes to
a balance of land uses; and
5. Specific Plan No. 92-1, as amended, respects
environmental and aesthetic resources consistent with economic
realities; and
6. That Resolution No. 93R-146 included a detailed
description of the Specific Plan's consistency with each of the
above-noted findings and that said findings are still valid in
light of the amended Specific Plan and, therefore, said findings
are incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. That Resolution No. 93R-146, as previously
amended, be, and the same is hereby amended to modify certain
mitigation measures by substituting the amended and restated
Modified Mitigation Monitoring Program No. 0067 as set forth in
Attachment No. 1 to Resolution No. 96R-ik26which is incorporated
herein as though fully set forth in full.
2. That Resolution Nos. 93R-146 and 93R-147, as
previously amended, be, and the same are hereby, amended to
revise the introductory section to the Conditions of Approval;
amend Conditions of Approval Nos.4-5, 7-9, 11, 14-17, 19, 22-24,
26-29, 35, 39, 42-43, 45-46, 48-51, 54-55, 57-58, 60-62 and 64-
70, inclusive; and add Conditions of Approval Nos. 71 through 75
to The Disneyland Resort Specific Plan No. 92-1 as set forth in
the Amended and Restated Conditions of Approval attached to this
Resolution as Attachment No. 1 and incorporated herein as though
set forth in full.
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BE IT FURTHER RESOLVED that, except as expressly
amended herein, Resolution Nos. 93R-146 and 93R-147, as
previously amended, and The Disneyland Resort Specific Plan No.
92-1, as previously amended, shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of Octobe~ 1996.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE Of CALIFORNIA )
COUNTY Of ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 96R-177 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 8th day of October, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-177 on the 8th day of October, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 8th day of October, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 96R-177 was duly passed and adopted by the City Council of
the City of Anaheim on October 8th, 1996.
CITY CLERK Of THE CITY Of ANAHEIM
ATTACHMENT "1"
AMENDED AMD RESTATED CONDITIONS OF APPROVAL
The conditions of approval include all mitigation measures and
project design features included as part of Modified Mitigation
Monitoring Program No. 0067 (as modified on October 8 ,1996) for
this project (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 Overlay Area
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.
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.
2. That pedestrian walkway lighting plans in the public right-
of-way shall be reviewed and approved by the Public
Utilities Department, Electrical Services Division and the
Police Department prior to installation.
3. That prior to the approval of each tentative tract or parcel
map, or issuance of each building permit, whichever occurs
first, Public Utility Easements (PUE's) will be recorded
and/or abandonment of PUE's will be processed to the
satisfaction of the Public Utilities Department for the
following circumstances:
A. As a result of increases in right-of-way, where
electrical and communication facilities are located
adjacent to the existing right-of-way, the facilities
shall be either located within the new right-of-way or
relocated to new adjacent areas, requiring a PUE.
B. The undergrounding of power and communication lines
along the major streets will result in the need to
obtain PUE's for placement of pad mounted equipment,
and related facilities required as a result of the
overhead to underground conversion work.
C. Alterations to existing private buildings and/or
construction of new structures (buildings, signs,
landscaping elements, etc.) may require relocation of
existing electrical and/or communication facilities.
This will require abandonment of existing PUE's and
recordation of new PUE's to accommodate the relocation.
4. A. That the roadway lighting of all public streets shall
be designed in accordance with the Anaheim Resort
Identity Program and associated construction
specifications.
B. Private streets within The Disneyland Resort Specific
Plan Area, with the exception of those within the Hotel
and Theme Park Districts, shall have street lights
designed and installed in accordance with the Anaheim
Resort Identity Program.
C. That the property owner/developer shall pay or cause to
be paid all costs associated with replacing the
existing City street light system within the public
right-of-way adjacent to or within the Disneyland
Resort Specific Plan Area with street lights designed
in accordance with the Anaheim Resort Identity Program.
ENGINEERING
5. That the following street design elements shall be shown on
each tentative tract or parcel map:
A. Street cross-sections, including dimensions, labels,
Circulation Element designation (i.e., Resort
Secondary) and whether public or private.
B. Street grades and vertical alignment; and,
C. Horizontal alignment, including centerline radii, and
cul-de-sac radii.
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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 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.
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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.
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.
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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.
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PLANNING-RELATED
27. That no development shall occur unless such development is
substantially in accordance with the amended Disneyland
Resort Specific Plan No. 92-1 document on file with the
Planning Department and marked Exhibit A , Amendment No. 3.
28. That the aesthetic concepts related to The Disneyland Resort
Specific Plan for improvements along the I-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 Pre-
File submittal requirements on file with the Zoning 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.
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 CR Overlay 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
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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
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.
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.
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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.
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
8
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.
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
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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 (TMA) and Anaheim
Stadium Business Center and coordinated with the I-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 III, in the event that the Drop-off Area
is proposed to be relocated adjacent or internal to the
East Parking Facility, that prior to the approval of a
Final Site Plan for the East Parking Facility, the
location and design of the drop-off area shall be
subject to the review and approval of the City
Engineer. Prior to final building and zoning
inspections of said facility, the drop-off area shall
be provided by the applicant in accordance with the
approved plan.
59. That prior to any development associated with uses other
than parking within the Future Expansion District,
additional environmental review will be required.
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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,
the applicant 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, fifty
(50) copies of the final amended document, including one
master set suitable for reproduction and one 3.5" diskette
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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 October 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 Avenue); along the north side of Katella Avenue
(between 700 feet west of Harbor Boulevard to Walnut
Street); and, along the west side of Walnut Street (between
Katella Avenue and the existing SCE corridor crossing). The
applicant shall diligently proceed with the implementation
of these landscaping improvements in conformance with
construction staging plans prepared to the satisfaction of
the City Engineer, which shall be submitted for review and
approval by the City Engineer prior to commencement of the
relocation/construction activities.
72. That prior to commencement of Caltrans' improvements for the
I-5 Widening Project in Harbor Boulevard and Manchester
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Avenue, the existing 10" water main between the southeast
corner of the Disneyland Administration Building site and
Harbor Boulevard north of Manchester Avenue will be replaced
with a new 16" water main to be constructed in Manchester
Avenue/Midway Drive between the Harbor/Manchester
intersection and the Anaheim Boulevard/Midway Drive
intersection.
The applicant shall model and simulate, with a field test
acceptable to the City of Anaheim, the effect of this
improvement on the current flow conditions for Disneyland
back-of-house. If the test results meet City of Anaheim
rules and regulations, but, for some other reason, are not
acceptable to the applicant, then, the applicant shall
propose an additional looped water main acceptable to the
City of Anaheim.
If the test results do not meet City of Anaheim rules and
regulations, then, the City will cause the necessary changes
to be made in compliance with the City's rules and
regulations.
73. Prior to Final Site Plan approval, the Disneyland Resort
hotels in the Hotel District will be designed to accommodate
airport bus service to and from their hotels and plans
showing these areas, accessible to the general public, shall
be submitted to the City Engineer for review and approval.
74. Prior to the approval of street improvement plans for the
relocation of Cerritos Avenue, plans shall be submitted to
the City Engineer for review and approval showing that the
street has been designed to minimize through traffic to
Walnut Street.
75. That every five years following the opening of the Second
Theme Park, the applicant shall submit a parking evaluation
to the City Traffic and Transportation Manager for review
and approval, to assess the adequacy of parking for The
Disneyland Resort project. The parking evaluation shall be
paid for by the applicant and shall be prepared to the
satisfaction of the City Traffic and Transportation Manager.
If the parking evaluation indicates that parking is
deficient, then additional parking spaces shall be provided
in accordance with the recommendations of the evaluation and
in conformance with the Disneyland Resort Specific Plan.
0020642.01
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