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COMPLETE THIS INFORMATION:
RECORDING REQUESTED BY;
CHICAGO TifLE I AND \.'./HEN RECORDED MAIL TO:
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DEVELOPMENT AGREEMENT NO. 96-01
by and between
THE CITY OF ANAHEIM
and
WALT DISNEY WORLD CO.
dated as of
October 22, 1996
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DEVELOPMENT AGREEMENT NO. 96-01
TABLE OF CONTENTS
Page
DEFINITIONS .................................... , . . . . . . . . . 5
1. I. "Affiliate of Disney
11 • •
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1.2. "Agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.3. 11AMC
11 • • • • • • • • • • • •
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1.4. "Anaheim Resort" ...... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.5. 11Anaheim Resort Specific Plan" .. , .... , . . . . . . . . . . . . . . . . . . . . . 6
1.6. 11.Annual Review.. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 6
1.7. "Applicable Rules" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.8. "Attorneys' Fees" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.9. 11Authority" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I .10. "CEQA" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 7
1.11. ''City" . . . . . . . .. ·-. . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . .. . . . 7
1.12. tlCiiy- Agency" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.13. "City Attorney" . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.14. 11City Council" . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.15. "City Manager" . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . 7
1.16. "City Project Coordinator" . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.17. "Conditions of Approval" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.18. "Construction Period" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.19. "Construction Schedule" . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . 8
1.20. "Counsel11
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 8
1.21. "Development Agreement Act" . . . . . . . . . . . . • . • . . . . . . . . . . . . . . . 8
1.22. "Discretionary Action" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.23. ..Disney" ....... _ ......................... � .. � . . . . . . . . . . 8
1.24. "Disn�y Project Manager" . . . • . • . • . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.25. "Disney Property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.26. "Disneyland.. .. ..................................... ·. . . . . . 9
1.27. "Effective Date" • . . . . . . . . . • . . . • . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.28. "Enabling Ordinance" ........ ,_. . . . . . . . . . . . . • . . • . . . . . . . . • . . 9
1.29. "Existing Hotel Rooms" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.30. "Fees" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.31. "FEIR1
' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 10
1.32. "FEIR Addendum" ...•.............. , .....•............•. 10
1.33. 11Finance Agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1.34. "Future Hotel Rooms" . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1.35. "General Plan" • . • • . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . • 10
1.36. "Hotel Rooms" . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0
1.37. "Impact Fees·" .... � ..................................... 10
1.38. ..Inspections11
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 11
1.39. "Landscaping and Lighting District" . . . . • . . . . • . . • . . . . . . . . . . . . . 11
1.40. · .. Le.ase" • • • • • . . • . . . • . • . • . . • . • . . • . • . . • . . • . • • . • • . • . . . • . . 11
1.41. "List of Actions" . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 i
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1.42. 1.43.
1.44. 1.45.
1.46. 1.47.
1.48. 1.49.
1.50. 1.51.
1.52. 1.53.
1.54. 1.55.
1.56. 1.57.
1.58. 1.59.
1.60. 1.61.
1.62. 1.63.
1.64. 1.65.
1.66. 1.67.
1.68. 1.69.
1.70. Page
"Litigation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 "M' ' t 'al P 't d A al 11 • mis eri emu s an pprov s ......................... . 11 "Mitigation Measures11
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 12 "Opening Day Project11
•••• •• • • • • • ••••••••• • ••••••••• ••• •• • 12
11Opening Day
11 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 12 "Parties'' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 "Party"
I • • • • • • • • • • I I • • • • ■ • • I • ■ • I • I I I • I • ♦ • • • I ■ I ,o • I • I • I 1 "Plaintiff• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. "Pl . C anntng . . 11 omnuss1on . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . • . . . 11PJanning Director" I • • • • • • • • • • • I ■ • • • • • • • • • • • I • I I I I • • • • • • • "Procedures Resolution" ......................•............ "Processing Fees and Charges11
•••••• • •• •••••• ••• • • • •• ••• • • ••
ttp . t
" roJec ................................................ . "P ' roJect A pprov al" s . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . II' • • • • .. • ••Project Elements" . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . "Reserv-ed Powers.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "Retail, Dining and Entertainment Uses" . . . . . . . . . . . . . . . . . . . . . .. nRight(s)�of� Way" ......•................................ ''Sectiont
• ................... · ......................... .
ns . D' p . Mana II en1or 1sney roJect ger . . . . . . . . . . . . . . . • . . . . . . . . . . . . ttStatement of Overriding Considerations11
• ••••• ••• •• • •••••• ••• • •
ttSupplemental Future Hotel Roomstt . . . . . . . . . . . . .-. . . . . . . . . . . . . "Term." .•.• ; .......................................... . '
1The Disneyland Resort Project" .........•.•....•....••...... ttThe Disneyland Resort Specific Plant
t or ttSpecific Plantt ......•....
ttThe Disneyland Resort Specific Plan Areatt
• • . . . . . • . • • • . • • • . . ••.
"The Walt Disney Company" .........•..................... "Theme Par-ks" . . . . . . . . . . . . .. . . . . . . .. . . . . . . . • . . . . . . . . . . . . .
11Uniform. Codes" . . . . . . . ...... · .. · · · · · · · · · · · · · · · · · · · · · · · · 12 12
12 12
13 13
13 14
14 14
15 15
15 16
16 16
16 16
17 17
17 17
17 RECITALS OF PREMISES, PURPOSE AND INTENT . . . . • • . . . . . . . . . . . . 17
2.1. State Enabling Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.2. City Procedures and Actions . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . • . 19
2.2.1. Planning Commission Action . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.2.2. City Council Action .. . .. . .. . .. . .. . . . . .. .. . . .. • • .. • .. 20
2.3. Purpose of this Agreement ..........................•...... 21 ·
2.3.1. Disney Objectives .................................. 21
2.3.2. Mutual Objectives .................................. 22
2.4. Applicability of the Agreement . • . . . . . . . . . . . . . . . • . • • . . . . . . . . . 23 ii
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AGREEMENT AND ASSURANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.1. Agreement and Assurance on the Part of Disney .................. 23
3. I . I. Opening Day Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.1.2. Phasing of Remaining Development . . . . . . . . . . . . . . . . . . . . . . 24
3.1.3. Right(s)-of-Way Acquisition and Dedication ................ 25
3.1.4. Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3 .1.5. Project Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3. 1.6. Neighborhood Improvements/Housing . . . . . . . . . . . . . . . . . . . . 27
3. 1. 7. Landscaping and Lighting District . . . . . . . . . . . . . . . . . . . . . . . 28
3.2. Agreement and Assurances on the Part of the City ................ 28
3.2.1. Entitlement to Develop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 3 .2.1. l. Project Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.2.1.2. Limited Hotel Entitlement . . . . . . . . . . . . . . . . . . . . . 29
3.2.1.3. Right to Rebuild or Replace ................... 29
3.2.1.4. C-R Overlay/District A ....................... 30
3.2.2. Changes in Applicable Rules . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3.2.2.1. Nonapplication of Changes in Applicable Rules . . . . . 30
3.2.2.2. Changes in Uniform Codes . . . . . . . . . . . . . . . . . . . . 31 3 .2.2.3. Changes Mandated by Federal or State Law. . . . . . . . . 31
3.2.2.4. Special Taxes and Assessments ........ ·. . . . . . . . . 31
3.2.3. Environmental Equivalency . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3.2.4. Agreed Changes and Other Reserved Powers . . . . . . . . . . . . . . . 32
3.2.S. Subsequent Development Review ....................... 32
3.2.6. Effective Development Standards . . • . . . . . . . . . . . . . . . . . . . • 33
3.2.7. Moratoria .....................•.................. 33 3 .2.8. Anaheim Resort Specific Plan . . . . . . . . . . . . . . . . . . . . . . . . . . 34
3.2.9. Standard City Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3 .2.10. Impact Fees. · ............................. , . . . . . . . 34
3.3. Changes to Disney Property . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . 36
3.4. Entitlements, Permits and Expediting Inspections . . . . . . . . . . . . . . . . . 36
3.4.1. City Project Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
3.4.2. Processing Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . 37
3.4.3. Timeftames and Staffmg for Processing and Review .......... 38
3.4.3 .1. Ministerial Permits and Approvals/Inspections; Standard Guidelines; Additional Staffing for
Expedited Processing. . . . . . . . . . . . . . . . . . . . . . . . 38
3.4.3.2. Discretionary Actions and Other Permits. . . . . . . . . . . 40
3.4.4. Permit/Approval Dispute Resolution . . . . . . . . . . . . . . • . . . . . . 41 3 .4.4. 1. City Meet and Confer Process . . . . . . . . . . . . . . . . . . 41
3.4.4.2. Third Party Expert Selection . . . . . . . . . . . . . . . . . . . 42
3.4.5. Environmental Review ............................... 43 iii
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ANNUAL REVIEW .......................................... 43
4.1. Annual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
4.2. Termination Or Modification Of Agreement ..................... 43
4.3. Reimbursement Of Costs .................................. 44 DEFAULT PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5.1. Default By Disney . . . • . . • . . . . . • . . . . . . . . • . • . . . . . . . . . . . . . . . 44
5.1.1. Default .........•................................ 44 S.1.2. Notice Of Default • . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4S
5.1.3. Failure To Cure Default Procedure . . . . . . . . . • . . . . . . . . . . . . 4S S.1.4. Termination Or Modification Of Agreement ................ 45 S. LS. Specific Performance . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 46 S.2. Default By The.City ..................................... 47 S.2.1. Default and Notice of Default .......................... 47
5.2.2. Specific Performance ..............•...........•..... 48 GENERAL PROVISIONS ....•.•............................... 48
6.1. Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6.2. Term . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
6.2.1. Basic Term .............•.........•............... 48
6.2.2. Early Partial Termination of Agreement .•..••............. 49
6.2.3. Early Full Tennination of Agreement . • • • . • • . • . . • . . . . . . . . . 49
6.2.4. Disneyland Continued Vesting Upon Partial Termination. . ..... 50
6.3. Appeals To City Council . . • . . . . . . . . . . . • . . • . . . . . . . . . . . . . . . . SO
6.4. Enforced Delay; Extension Of Time Of Performance ...........•.•. 50
6.5. Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 51
6.6. Applicable Law . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
6. 7. Amen�ents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 52
6.8. Assigriment. . ................ , . . . . . . . . . . . . . . . . . . . . . . . . . 52
6.9. Covell8llts. . ................................. Ill- • • • • • • • • • 57
6.10. Implementation. . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . • . . . . . 57
6.10.1. Processing •..•..•.•........••.•••...........•...• 57
6.10.2. Other Governmental Permits . • . . • • • • • • . . . . • . . . • • . . • . . . 58
6.11. Relationship Of The Parties. . . . . • . . . . . . . . . • . . . . . . . . . . . . . . . . . 59
6.12. Cooperation in Event of Litigation, Hold Harmless and Insurance . . . . . . 59
6.12.1. Cooperation In The Event Of Litigation ..••.•............. 59
6.12.1.1. Attorney Fees. . ...•••....•.....•.•..•.... 59 ti, 12.1.2. Reimbursement . . . . . . . . • • • . • . . . . . . . . . . . . . . 60
6.12.1.3. Indemnification . . . . . . . . . . . . • • . . . . . . . . . . . . . 60
6.12.1.4. Joint Defense .......•..................... 61 iv
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6.13. 6.14.
6.15. 6.16.
6.17. 6.18.
6.19. 6.20.
6.21. 6.22.
6.23. 6.24.
6.25. 6.26.
Page
6.12.2. Disney Hold Harmless . ·. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
6.12.3. Insurance. . ............................ : . . . . . . . . . 62
6.12.4. Continuing Obligations. . ............................ 64 Tentative Maps ..........•............................... 64 Notices ............................................... 64 Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Constructive Notice And Acceptance .......................... 65 Successors And Assignees .•............................... 66 Severability . . . . . • . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Time Of The Essence . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Waiver . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 66 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Expedited Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . 67 Requests for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Legal Advice; Neutral Interpretation; Headings; and Table Of Contents .. 68 Coun.terp8I'ts .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 V
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit .F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
LIST OF EXHIBITS
First
Mentioned
On Page:
Conditions of Approval . . . . . .. . . . . . . . ' .. . . ;, . . . . . . . . . .. . . . . .. 8 Disney Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Disneyland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Existing Hotel Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Mitigation Monitoring Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Opening Day Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Illustrative Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · I 2 Procedures Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Statement of Overriding Considerations . . . . . . . . . . . . . . . . . . . . . . 16 West Street/Disneyland Drive Realignment .................... 26 Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0 vi
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DEVELOPMENT AGREEMENT NO. 96-01
BY AND BETWEEN
THE CITY OF ANAHEIM
AND
WALT DISNEY WORLD CO.
This Development Agreement No. 96-01 ("Agreement") is made and entered into this 22nd day of October, 1996, by and between the City of Anaheim, a charter city and a municipal corporation duly organized and existing under the Constitution and the laws of the State of California (''City"), and Walt Disney World Co., a Delaware corporation ("Disney"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7 (Sections 65864 through 65869.5) of the California Government Code (the "Development Agreement Act"), the City's inherent power as a charter city, Section 18.04.120 of the Anaheim Municipal Code (the "Enabling Ordinance"), and the implementing procedures of the City adopted in Resolution No. 82R-565 (the "Procedures Resolution"), based upon an initial application dated July 31, 1996.
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RECITALS
WHEREAS, the City and Disney recognize that construction and development of The Disneyland Resort Project (consisting of a new Theme Park and other related facilities described herein) will create significant opportunities for economic growtli in the City, the Southern California region and the State of California, will facilitate the implementation of public infrastructure needed to accommodate local and regional growth, and will generate significant economic benefits to the State, region, the City and Disney; and WHEREAS, the new Theme Park in The Disneyland Reson Project will provide opportunities for new hotel and retail growth in the Anaheim Resort and the City which will provide new general fund revenues intended to offset incremental City costs associated with such growth; and
WHEREAS, the new Theme Park, together with new Disney hotel development and the new retail, dining, and entertainment uses which comprise the Opening Day Project will provide new revenues to fund public streets, landscaping, storm drains, sewer, water, parking and other improvements which will provide an area-wide benefit for the Anaheim Resort as well as provide City infrastructure needed to support The Disneyland Resort Project, new hotels in the Anaheim Resort, the Anaheim Convention Center and the entire City; and WHEREAS, the City and Disney will combine resources to bring about a revitali2:ation of the entire Anaheim Resort and finance the public improvements required for The Disneyland Resort Project, other Anaheim Resort improvements, and the expansion of the Anaheim Convention Center; and
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WHEREAS, Disney, in consideration for the benefits and opportunities provided to Disney by The Disneyland Resort Project and the cooperation and assistance of the City in connection therewith, will provide assurances _to the City that the public infrastructure, amenities and design features of the Opening Day Project are implemented in ·a timely manner; and
WHEREAS, in order to provide certainty and render development of The Disneyland Resort Project more feasible in light of the large amount of capital investment necessary to implement The Disneyland Resort Project and the extended planning horizon necessary to coordinate a project of that scope and complexity, Disney requires assurance from the City, with respect to Disney Property within The Disneyland Resort Specific Plan Area, that The Disneyland Resort Specific Plan and certain other existing governmental entitlements shall, to the extent specified herein, not be changed or supplemented with inconsistent burdens and exactions; and
WHEREAS, Disney also recognizes and agrees that in extending these benefits to Disney, the City must reserve certain legislative powers; and WHEREAS, the direct and indirect benefits the City expects to receive pursuant to this Agreement for its existing and future residents include, but are not limited to, the participation of Disney in the accelerated, coordinated and more economical construction, funding and dedication to the public of certain needed area-wide public improvements and facilities in the Anaheim Resort; and
WHEREAS, these area-wide public facilities and improvements will not only facilitate The Disneyland Resort Project, but will provide benefits to the general public; and 3 I
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WHEREAS, by entering into this Agreement, the City is encouraging the development of The Disneyland Resort Project as set forth in The Disneyland Resort Specific Plan and this Agreement, and the development of the Anaheim Resort in accordance with goals and objectives of the City as set forth in the Anaheim Resort Specific Plan while reserving to the City the legislative powers necessary to remain responsible and accountable to its residents; and
WHEREAS, for the foregoing reasons, the Parties desire to enter into a development agreement for the Disney Property located in The Disneyland Resort Specific Plan Area pursuant to Government Code section 65864 � seq. and the City's charter powers upon the terms set forth herein.
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AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and the City's inherent powers as a charter city, the Enabling Ordinance and the Procedures Resolution, and in consideration of-the premises and mutual promises and covenants herein contained and other valuable consideration the receipt· and adequacy of which the Parties hereby acknowledge, the Parties hereto agree as follows:
1. DEFINITIONS.
For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
1.1. "Affiliate of Disney" means a sole proprietorship, limited liability company, partnership, limited partnership, joint venture, trust, unincorporated organization, association, corporation, institution, or entity, who directly or indirectly controls, is controlled by, or is under common control with Disney or The Walt Disney Company. For purposes of this definition, "control" means the possession, directly or indirectly, of the power to vote fifty percent (50%) or more of the securities having ordinary voting power for the entity, or possessing the power or authority to generally direct the management and policies of the entity.
1.2. "Agreement" means this Development Agreement No. 96-01 and all amendments and modifications thereto.
1.3. "AMC" means the Anaheim Municipal Code.
1.4. "Anaheim Resort" means the area of approximately 1046 acres in the City which is designated on the City General Plan for Commercial Recreation land uses; the Anaheim Re_sort encompasses The Disneyland Resort Specific Plan Area. s
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1.5. "Anaheim Resort Specific Plan" means Specific Plan No. 92-2, as amended from time to time by the City.
1.6. "Annual Review" means the annual review process as described in Section 4 of this Agreement.
1.7. "Applicable Rules" means (subject only to the qualifications set forth herein with respect to Fees) the rules, regulations, ordinances and officially adopted plans and policies of the City in force as of the Effective Date of this Agreement, including without limitation The Disneyland Resort Specific Plan and the Project Approvals. Notwithstanding the language of this Section or any other language in this Agreement (i) all duly adopted codes, regulations, specifications and standards regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the plans for such public works facilities are being processed for approval and/or under construction, and (ii) except as expressly set forth in this Agreement with respect to the Impact Fees and Processing Fees and Charges applicable to the Opening Day Project and the Supplemental Future Hotel Rooms, Applicable Rules shall mean and include the Fees in effect from time to time, including all increases in Fees or new Fees adopted after the Effective Date of this Agreement. With respect to the Opening Day Project and the Supplemental Future Hotel Rooms, Applicable Rules shall mean and include only those Impact Fees and Processing Fees and Charges in effect as of the Effective Date, as increased (but only as increased) in accordance with Sections 3.2.10 and 3.4.2 of this Agreement
1.8. "Attorneys' Fees" means and shall be limited to (i) attorneys' fees, if any, specifically awarded to a Plaintiff by a court of competent jurisdiction pursuant to a final 6 I
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judgment in connection with any Litigation and (ii) the amount required to be paid, if any, to reimburse any Plaintiff for the Plaintiffs attorneys' fees as provided in a settlement agreement approved by City and Disney in connection with any Litigation, as provided in Section 6.12.1 of this Agreement.
1.9. "Authority" means the Anaheim Public Financing Authority, a joint exercise of powers authority and a public entity duly organized under the laws of the State of California particularly Sections 6500 et seg. of the California Government Code and the Joint Exercise of Powers Agreement.
1.10. "CEQA" means the California Environmental Quality Act ( 11CEQA") (Cal.
Public Resources Code Sections 21000 � �. the State CEQA Guidelines (Cal Code of Regs., Title 14, Sections 15000 et� and City CEQA Guidelines.
1.11. "City" means the City of Anaheim, a municipal corporation of the State of California exercising municipal home rule powers pursuant to a charter approved and issued by the State of California.
1.12. "City Agency" means each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council, the Planning Commission and the Authority.
1.13. "City Attorney" means the City Attorney of the City of Anaheim.
1.14. "City Council" means the city council of the City and the legislative body of the City pursuant to Section 65867 of the California Government Code (Development Agreement Act).
1.15. "City Manager" means the chief executive officer of the City. 7 I
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1.16. "City Project Coordinator" means an individual selected by the City to coordinate processing of all Ministerial Permits and Approvals and all Discretionary Actions applicable to the Opening Day Project.
1.17. "Conditions of Approval'' means the Conditions of Approval for the Project originally adopted by the City Council on June 29, 1993 by Ordinance No. 5377 and as amended by the City Council on October 8, 1996 by Resolution No. 96-177 and attached hereto as Exhibit A, Conditions of Approval.
1.18. "Construction Period" means the time period dming which the Opening Day Project is constructed pursuant to the Construction Schedule.
1.19. "Construction Schedule" shall mean that construction schedule for the Opening Day Project as established by the Parties in accordance with the Finance Agreement as may be amended by the Parties from time to time or pursuant to the Finance Agreement.
1.20. "Counsel" shall mean the counsel retained by Disney to represent Disney and to assist the City in connection with any Litigation.
1.21. "Development Agreement Act" means Article 2.5 of Chapter 4 of Division 1 of Title 7 (Sections 65864 through 6S869.5) of the California Government Code.
1.22. "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of the City and/or any City Agency in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City and/or any City Agency to determine whether there has been compliance with statutes, ordinances or regulations.
1.23. "Disney" means Walt Disney World Co., a Delaware corporation. 8 I
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1.24. "Disney Project Manager" means a Vice President of Walt Disney Imagineering or successor entity with primary responsibility for implementation of the Project.
1.25. "Disney Property" means the specific real properties owned or Leased by Disney within The Disneyland Resort Specific Plan Area and specifically described on Exhibit B, Disney Property, attached hereto. Disney Property also may include, after the Effective Date, additional properties owned or Leased by Disney within The Disneyland Resort Specific Plan Area, in accordance with the provisions of Section 3.3 of this Agreement.
1.26. "Disneyland" means the existing Disneyland Theme Park and associated improvements and operations (as modified from time to time) .within The Disneyland Resort Specific Plan Area as identified on Exhibit C, Disneyland, attached hereto.
1.27. "Effective Date" is the date on which this Agreement is attested by the City Clerk of the City of Anaheim after approval by the City Council and execution by the Mayor of the City and Disney.
1.28. "Enabling Ordinance" means Ordinance No. 4377 adopted by the City Council on November 23, 1982, which authorized and enabled the City to enter into development agreements in accordance with the Development Agreement Act.
1.29. "Existing Hotel Rooms" means those certain Hotel Rooms existing as of the Effective Date (The Disneyland Hotel and the Disneyland Pacific Hotel)� as identified on Exhibit D, Existing Hotel Rooms, attached hereto.
1.30. "Fees" means Impact Fees, Processing Fees and Charges and any other fees or charges imposed or collected by the City.
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1.31. "FEIR" means the Final Environmental Impact Report, No. 311, certified by the City on June 22, 1993, in accordance with the requirements of CEQA.
1.32. 11FEIR Addendum" means the A�dendum to the FEIR. approved by the City on October 8, 1996, in accordance with the requirements of CEQA.
1.33. "Finance Agreement" means that certain agreement entered into by and between the City, the Authority and Disney, providing for the financial arrangements between Disney, the City and the Authority with regard to the funding and construction of infrastructure and other improvements.
1.34. "Future Hotel Rooms" means the Hotel Rooms newly constructed on the Disney Property pursuant to The Disneyland Resort Specific Plan following the Effective Da,te.
Future Hotel Rooms shall not include Existing Hotel Rooms or Hotel Rooms constructed in replacement of Existing Hotel Rooms pursuant to Sections 3.2.1.2 and 3.2.1.3.
1.3S. "General Plan" means the General Plan ofthe City.
1.36. "Hotel Rooms" or "Hotel" means a hotel, motel, or other transient occupancy accommodation as defined in Section 2.12.005.040 of the AMC as of the Effective Date.
1.37. "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by the City pursuant to rules, regulations, ordinances and policies of the City, as set forth in Exhibit L, Impact Fees. Impact Fees do not include (i) Processing Fees and Charges or (ii) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed on impacts of new development. 10 I
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1.38. ''Inspections" means all field inspections and reviews by City officials during the course of construction of the Project and the processing of certificates of occupancy (permanent or temporary).
1.39. "Landscaping and Lighting District" means a landscaping and lighting district established under a charter city ordinance or applicable provisions of the California Streets and Highways Code pursuant to Section 3.1. 7, for the purpose of funding maintenance costs, above the City's standard level, for entry monumentation, decorative lighting, bus shelters, enhanced landscaping, benches, kiosks and other street features in public right-of-way within the Anaheim Resort.
1.40. "Lease" shall mean a lease having a base term of greater than ten (10) years not including optional terms or extensions.
1.41. "List of Actions" means the list of expected applications for Ministerial Permits and Approvals and of Discretionary Actions, if any. which is submitted by Disney to the City in accordance with the provisions of Section 3.4.3.
1.42. "Litigation" shall mean any lawsuit (including any cross-action) tiled against the City and/or Disney to the extent such lawsuit challenges the validity, implementation or enforcement of, or seeks any other remedy directly relating to, all or any part of the Project Approvals or this Agreement.
1.43. "Ministerial Permits and Approvals" means the permi� approvals. plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in order for Disney to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, public works permits, grading permits, 11 I
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encroachment permits and other similar permits and approvals which are required by the AMC to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall not include any Discretionary Actions.
1.44. "Mitigation Measures" means the mitigation measures described in the FEIR Addendum and in the Mitigation Monitoring Program for The Disneyland Resort, MMP No. 0067. as modified by the. City on October 8, 1996 which is attached hereto as Exhibit E, Mitigation Monitoring Program.
1.45. "Opening Day Project" means those specified Project Elements described on Exhibit F, Opening Day Project, attached hereto and with respect to which Disney has prepared and attached hereto, an Illustrative Plan, as Exhibit G, Illustrative Plan.
1.46. "Opening Day" means June 30, 2001, the date on which the Opening Day Project shall be generally operational and shall be open for general public use and admission.
The Opening Day shall be subject to extension by mutual agreement of the Parties or as otherwise expressly set forth in this Agreement or the Finance Agreement.
1.47. "Parties" means collectively Disney and the City.
1.48. "Party" means any one of Disney or the City.
1.49. "Plaintiff'' means any party seeking relief or compensation through Litigation whether as plaintiff, petitioner, cross-complainant or otherwise.
1.50. "Planning Commission" means the Planning Commission of the City and the planning agency of the City pursuant to Section 65867 of the California Government Code (Development Agreement Act).
1.51. "Planning Director" means the Planning Director for the City. 12 I
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1.52. "Procedures Resolution" means Resolution No. 82R-565 adopted by the City Council on November 23, 1982, pursuant to California Government Code Section 65865, establishing procedures and requirements for the consideration and implementation of development agreements, attached hereto as Exhibit H, Procedures Resolution.
1.53. "Processing Fees and Charges" means all processing fees and charges required by the City including, but not limited to, fees for land use applications, project permits, building applications, building permits, grading permits, encroachment pennits, tract or parcel maps, lot line adjustments, air right lots, street vacations, certificates of occupancy and other $imilar permits. Processing Fees and Charges shall not include Impact Fees.
1.54. "Project" meam (subject to the exclusions set forth below in this Section 1.54) · Theme Parks, Hotel Rooms, and Retail, Dining and Entertainment Uses on the Disney Property, and other uses including without limitation administrative and ancillary uses on the Disney Property, all as permitted by The Disneyland Resort Specific Plan; provided, however, for the purposes of this Agreement, (i) the total number of Future Hotel Rooms within the Project and subject to this Development Agreement shall be limited to 1,800, (ii) the total number of new square feet of Retail, Dining and Entertainment Uses within the Project and subject to this Development Agreement shall be limited to 4�0,000 square feet, and (iii) all development in excess of the Opening Day Project shall be in furtherance of development of the Disney Property as a destination resort which includes as its primary land uses theme park and hotel development. Notwithstanding any provision of this Agreement to the contrary, the Hotel Rooms contained within the term "Project" and subject to this Development Agreement shall be limited to (a) the 1,136 room Disneyland Hotel, (b) up to 1,800 new Future Hotel 13 I
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Rooms, and (c) Hotel Rooms constructed in replacement of Existing Hotel Rooms pursuant to Sections 3.2.1.2 and 3.2.1.3; and no other Hotel Rooms shall be included or referenced by the term "Project."
1.55. uProject Approvals" means those Discretionary Actions authorizing the Project and in effect as of the Effective Date including, but not limited to, the certification of the FEIR and the approval of General Plan Amendment No. 331, approval of The Disneyland Resort Specific Plan (Specific Plan No. 92-1), approval of the Zoning and Development Standards for The Disneyland Resort Specific Plan, adopted on June 29, 1993, an ordinance of the City of Anaheim Amending Title 18 of the Anaheim Municipal Code by Adding Thereto Chapter
18. 78 Relating to Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1, and the Mitigation Measures and the Conditions of Approval, as adopted by the City on June 22 and 29, 1993, and as amended on or before the Effective Date. The Project Approvals are listed in Exhibit I, Project Approvals.
1.56. "Project Elements" means the specific land uses permitted by the Project Approvals on the Disney Property and comprised within the tenn "Project0, including but not limited to Theme Parks, Hotel Rooms, Retail, Dining, and Entertainment Uses, parking facilities, and other permitted administrative and ancillary uses, tourist-oriented and resort uses and infrastructure improvements.
1.57. "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that may be in conflict with the Applicable 14 I
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Rules, but: ( 1) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health or safety; (2) are Uniform Codes; (3) are necessary to comply with state and federal laws. rules and regulations
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(whether enacted previous or·subsequent to
the Effective Date) or to comply with a court order or judgement of a state· or federal court; (4) are agreed to or consented to by Disney; (5) involve the formation of assessment districts, Mello-Roos or community facilities districts, special districts, maintenance districts or other similar districts fonned in accordance with applicable laws provided, however, that Disney shall retain all its rights with respect to such districts pursuant to all applicable laws (except as provided by Section 3.1.7); or _(6) are City-wide fees or charges of general applicability provided that such City-wide fees or charges are not fees or charges imposed on impacts of new development in violation of the express limitations provided by this Agreement.
1.58. "Retail, Dining and Entertainment Uses" means those retail, dining and entertainment uses built or caused to be built by Disney on the Disney Property outside of the admission gate of any Theme Park in accordance with The Disneyland Resort Specific Plan, and which are uses permitted pursuant to "Retail Entertainment Centers," "Retail Uses" and "Restaurants" in Sections 18.78.030.110, 18.78.060 and 18.78.070 of the AMC.
1.59. "Right(s)-of-Way" means any right(s)-of-way or other real property interest necessary to access, construct, maintain, perform and/or operate any of the Mitigation Measures or Conditions of Approval excluding the land required for any public parking structures built on the Disney Property and for relocation of the existing Southern California Edison utility structures on the Disney Property.
1.60.. "Section" means the indicated number section or subsection of this Agreement. 15 I
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1.61. "Senior Disney Project Manager" means a Senior Vice President of Walt Disney Imagineering or successor entity with primary responsibility for implementation of the Project.
1.62. "Statement of Overriding Considerations" means the Statement of Overriding Considerations adopted by the City Council by Resolution No. 93R-l 07 on June 22, 1993, and by Resolution No. 96R-176 on October 8, 1996, which is attached hereto as Exhibit J, Statement of Overriding Considerations.
1.63. "Supplemental Future Hotel Rooms" means the first two hundred and fifty (250) Hotel Rooms newly built or caused to be built by Disney,. in excess of the seven hundred and fifty (750) Hotel Rooms which Disney is constructing in connection with the Opening Day Project, on the Disney Property pursuant to The Disneyland Resort Specific Plan and which are Disney or Disneyland branded Hotel Rooms and generally marketed under the Disney or Disneyland trade-name, trademark or logo and are equal to the general quality of the Wilderness Lodge located at The Walt Disney Resort in Florida; provided that construction of such Hotel Rooms is commenced within five (5) years of the Opening Day and construction is diligently and continuously pursued to completion and opening. Supplemental Future Hotel Rooms does not include Existing Hotel Rooms.
1.64. "Term0 means the applicable period of time during which this Agreement shall be in effect and shall bind the City-and Disney, as described in Section 6.2.
1.65. "The Disneyland Resort Project" means the Project. 16 I
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1.66. "The Disneyland Resort Specific Plan" or "Specific Plan" means The Disneyland Resort Specific Plan No. 92-1 (including zoning and development standards) as approved by the City and as amended on or before the Ef�ective Date.
1.67. uThe Disneyland Resort Specific Plan Area" means the area of approximately 549.5 acres within the boundaries of The Disneyland Resort Specific Plan.
1.68. "The Walt Disney Company" means The Walt Disney Company, a Delaware corporation.
1.69. "Theme Parksn shall have the meaning set forth in Section 18.78.060.010.0101 of the AMC including without limitation Disneyland.
1.70. "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations of a City-wide scope which are based on recommendations of a multi-state professional organization and become applicable throughout the City, such as, but not limited to, the Uniform Building Code, the Uniform Electrical Code, the Uniform Mechanical Code, or the Uniform Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi-state organization and which are applicable City-wide).
2. RECITALS OF PREMISES, PURPOSE AND INTENT.
2. 1. State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain 17 I
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development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result m a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project,- the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration reqµired to achieve the mutual objectives of the Parties; and (2) to offset such restraints, seeks public benefits which go beyond those obtained by traditional City controls and conditions imposed on development project applications.
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2.2. City Procedures and Actions.
2.2.1. Planning Commission Action. On August 9, 1996, as required by Section 65867 of the . Development Agreement Act and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the Planning Commission's intention to consider a recommendation to the City Council regarding adoption of this Agreement On August 19, 1996, as required by Section 65867 of the Development Agreement Act and Section
2.2 of the Procedures Resolution, the Planning Commission held a public hearing on this Agreement. On August 19, 1996, the Planning Commission, after considering that the FEIR was previously certified for the Project and the FEIR Addendum, found and determined, consistent with the standards set forth in Section 2.3 of the Procedures Resolution, that: (1) the FEIR and FEIR Addendum complied with all requirements of CEQA; (2) since initiaj certification of the FEIR and as analyzed in the FEIR Addendum, no substantial changes have occurred and no new information has become available which would require additional environmental review in connection with approval of the Agreement; (3) the Agreement is within the scope of the FEIR and the FEIR Addendum, and was contemplated therein as part of the Project; (4) the Agreement is consistent with the City's General Plan and with the Specific Plan; ( 5) the Agreement is compatible with the uses authorized in and regulations prescribed in The Disneyland Resort Specific Plan and the Anaheim Resort Specific Plan (as of the Effective Date); (6) the Agreement is compatible with the orderly development of property in the surrounding area; (7) the Agreement will have an overall positive effect on the health, safety and welfare of the residents of and visitors to the City; (8) the Agreement constitutes a lawful, present exercise of the City's police power and authority under 19 I
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the Development Agreement Act, the Enabling Ordinance and the Procedures Resolution; and (9) is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Development Agreement Act, the Enabling··· ·ordinance and the Procedures Resolution. Based on these findings and determinations, the Planning Commission adopted Resolution No. PC96-82 recommending to the City Council the approval of the Agreement.
2.2.2. City Council Action. On September 27, 1996, as required by Section 65867 of the Development Agreement Act and Section 3.1 of the Procedures Resolution, the City Clerk of the City caused public notice to be given of the City Council's intention to consider adoption of this Agreement. On October 8, 1996, as required by· Section 65867 . of the Development Agreement Act and Section 3.2 of the Procedures Resolution, the Cit)' Council held a public hearing on the Agreement. On October 8, 1996, an approving ordinance was introduced for adoption by the City Council. On October 8, 1996, the City Council, after considering the fact that the FEIR was previously certified for the Project, and considering the FEIR Addendum, found and determined that: (I) the FEIR and the FEIR Addendum complied with all requirements of CEQA; (2) since initial certification of the FEIR and as analyzed in the FEIR Addendum, no substantial changes have occurred and no new information has become avaih•ble which would require additional environmental review in connection with approval of the Agreement; (3) the Agreement is within the scope of the FEIR and the FEIR Addendum, and was contemplated therein as part of the Project; (4) the Agreement is consistent with the City's General Plan and with the Specific Plan; (5) the Agreement is compatible with the uses authorized in and regulations prescribed in the Disneyland Resort 20 I
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Specific Plan and the Anaheim· Resort Specific Plan (as of the Effective Date); (6) the Agreement is compatible with the orderly development of property in the surrounding area; (7) the Agreement will have an overall positive effect on the health, safety and· welfare of the residents of and visitors to the City; (8) the Agreement constitutes a lawful; present exercise of the City's police power and authority under the Development Agreement Act, the Enabling Ordinance and the Procedures Resolution; and (9) the Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65 867 of the Development Agreement Act, the Enabling Ordinance and the Procedures Resolution. On October 22, 1996, the approving ordinance was read for a second time and was adopted by the City Council. The City Council on October 22, after conducting a duly-noticed public hearing, adopted Ordinance No. 5581, to become effective thirty days after adoption of this Agreement, found that its provisions are consistent with the General Plan and the Specific Plan, and authorized the execution of this Agreement.
2.3. Purpose of this Agreement.
2.3.1. Disney Objectives. In accordance with the legislative findings set forth in the Development Agreement Act, and with full recognition of the City's policy of judicious restraints on its police powers, Disney wishes to obtain reasonable assurances that the Project may be developed in accordance with the Applicable Rules subject to the terms of this Agreement and the City's Reserved Powers. In the absence of this Agreement, Disney would have no assurance that it can complete the Project for the uses and to the density and intensity of development set forth in this Agreement. This Agreement, therefore, is necessary to assure Disney that the Project will not be (i) reduced in density, intensity or use, or (ii) subjected to 21 I
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new rules, regulations, ordinances or official policies or delays which are not permitted by this Agreement or the Reserved Powers.
2.3.2. Mutual Objectives. Development of the Project in accordance with this .
Agreement will provide for the orderly development of the Project in accordance with the objectives set forth in the General Plan and the Specific Plnn. Moreover, a development agreement for the Project will eliminate uncertainty in planning for and securing orderly development of the Project, assure installation of necessary improvements, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which the Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide many public benefits to the City through the imposition of development standards and requirements under the provisions and conditions of this Agreement, including without limitation: increased tax revenue� installation of on-site and off-site improvements, and job creation. Additionally, although development of the Project in accordance with this Agreement will restrain the City's land use or other relevant police powers, the Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Disney will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules and Reserved Powers and subject to the terms and conditions of this Agreement.
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2.4. Applicability of the Agreement. This Agreement does not: ( l) grant density, intensity or US!!S in excess of that otherwise es�blished in the Applicable Rules; (2) eliminate future Discretionary Actions otherwise required;
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(3) guarantee that Disney will receive any
profits from the Project; or (4) amend the City's General Plan. This Agreement has a fixed Term. Furthermore, in any subsequent actions applicable to the Disney Property not related to The Disneyland Resort Specific Plan, the City may apply such new rules, regulations, ordinances and officially adopted plans and policies as are then in effect. Notwithstanding anything in this. Agreement to the contrary, nothing in this Agreement shall be construed or understood to (i) limit the City's rights to adopt and apply to the Disney Property new rules, regulations, ordinances and officially adopted plans and policies of the City, where those new rules, regulations, ordinances and officially adopted plans and policies do not conflict with the Applicable Rules, or (ii) provide Disney with any vested rights except as affirmatively and expressly stated in this Agreement.
3. AGREEMENT AND ASSURANCES
3.1. Agreement and Assurance on the Part of Disney. In consideration for the City entering into this Agreement, and as � inducement for the City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in Section 2 of this Agreement, Disney hereby agrees as follows:
3.1.1. Opening Day Project. Disney agrees to complete construction of the Opening Day Project on or before the Opening Day in accordance with the terms and conditions of this Agreement and as provided for in any Construction Schedule the Parties may 23 I
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establish. In connection wit� the construction of the Opening Day Project, Disney shall comply with all Applicable Rules including without limitation the Project Approvals, Mitigation Measures and the Conditions of Approval. Disney agrees that the City has sufficient legal authority to adopt and to require Disney's compliance ·with the Project Approvals including the Mitigation Measures and Conditions of Approval in connection with the Project and Disney agrees that it will not challenge the City's right to adopt or to require Disney's compliance with the Project Approvals including the Mitigation Measures and Conditions of Approval; provided, however, nothing herein shall limit or restrict Disney's right to challenge any interpretation by the City of any Project Approvals including the Mitigation Measures and Conditions of Approval or the way or method the City directs the implementation of such Project Approvals including the Mitigation Measures and Conditio� of Approval, provided such challenge shall be brought only through an action for declaratory relief, specific performance, or injunctive relief. An illustrative graphic of the Opening Day Project is attached as Exhibit G, Illustrative Plan. The Illustrative Plan is a graphical representation of a preliminary conceptual design and configuration of the Opening Day Project. Disney may in its discretion, modify the design, configuration. elements and content of the Illustrative Plan in connection with evolution and implementation of the Opening Day Project, consistent with the description of the Opening Day Project (Exhibit F) and the overall resort destination concept reflected in the Illustrative Plan (Exhibit 0).
3.1.2. Phasing of Remaining Development. The Parties acknowledge that Disney cannot. at this time predict specific phases of additional development, when such phases will occur, or the rate at which additional phases of the Project (beyond the Opening Day 24 I
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IProject) will be developed. Such decisions depend upon numerous factors which are not all within the control of Disney, such as market orientation and demand, interest rates and competition. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein te provide for the timing of development permitted a later adopted initiative to restrict the timing of development and to control the parties' agreement, it is the intent of Disney and the City to hereby acknowledge and provide for the right of Disney to develop the remaining portions of the Project in such order and at such rate and times as Disney deems appropriate within the exercise of its sole and subjective business judgment. The City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Agreement.
Disney will use its best efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing its business decision, to commence or to continue development, and to develop the remaining portions of the Project in accordance with the provisions and conditions of this Agreement and with the Applicable Rules and subject to the Reserved Powers:
3.1.3. Right(s)-of-Way Acquisition and Dedication. Disney agrees to make and to cause any Affiliate of Disney to make irrevocable offers to dedicate, at no cost to the City, any Right(s)-of-Way that Disney or an Affiliate of Disney owns as of the Effective Date and which are required to implement any Mitigation Measures or Conditions of Approval.
Further, Disney agrees to make and to cause any Affiliate of Disney to make available at no cost to the City, any Right(s)-of-Way that Disney leases as of the Effective Date and which is necessary for the West Street/Disneyland Drive realignment as identified on Exhibit K, West 25 I
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Street/Disneyland Drive Realignment, attached hereto. In the event Disney has other leased property as of the Effective Date which is required for Right(s)-of-Way, Disney will make irrevocable offers to dedicate such Right(s)-of-Way for implementation of Mitigation Measures or Conditions of Approval or, if not otherwise required by the Mitigation Measures or Conditions of Approval, for the expansion of the Katella Smart Street to an ultimate eight (8) lane capacity to the extent permitted by such leases and the buildout of West Street/Disneyland Drive, Harbor Boulevard and Walnut Street to their General Plan Circulation Element Ultimate width. The Right(s)-of-Way shall be dedicated by Disney to the City when such Right(s)-ofWay are necessary for the construction of any applicable Mitigation Measures or implementation of the required Conditions of Approval or otherwise when reasonably requested by the City. To the extent that Right(s)-of-Way from third parties are required to implement the Mitigation Measures and Conditions of Approval, Disney and the City shall work together in good faith to minimize costs of acquisition. To the extent the tenns of any lease affecting any Right(s)-of• Way leased by Disney prohibit a dedication by Disney of Right(s)-of• Way otherwise required to be dedicated _ by Disney under this Section, Disney hereby waives any rights to compensation that Disney may otherwise have in the event that the City or the Authority acquires any portion of the leasehold interest through exercise of eminent domain.
Any exercise of eminent domain by the City is subject to the approval of a Resolution of Necessity, which action remains within the City's sole discretion. This Section 3.1.3 is not in limitation of any other dedication obligation Disney may otherwise have under Applicable Rules or the Finance Agreement.
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3.1.4. Employment. Dis ey agrees to create an Anaheim jobs program and to implement such jobs program throughout the Term. The jobs program shall be designed to commu�cate notice of job opportunities to Anaheim residents and to recruit Anaheim residents. This jobs program shall include an Anaheim residents jobs bank where all available jobs related to the Project are listed, a listing of job opportunities in local newspapers, and a focused recruitment program targeted to Anaheim residents. Disney shall one hundred and eighty ( 180) days prior to commencement of operations for the Opening Day Project. submit to the City a jobs program for the Opening Day Project. The City shall within thirty (30) days review the proposed program.and submit comments to Disney. Disney shall in good faith take into consideration such comments on the jobs program and makes such revisions to the program as are reasonably appropriate in Disney's discretion.
3.1.5. Project Quality. The Project shall be comparable in quality to other destination resort projects developed, owned and/or licensed by Disney or The Walt Disney Company as of the Effective Date. The Hotel Rooms constructed as part of the Opening Day Project and the Supplemental Future Hotel Rooms shall be equal to the general quality of the Wilderness Lodge located at The Walt Disney Resort in Florida.
3.1.6. Neighborhood Improvements/Housing. As provided by the Finance Agreement and in connection with the issuance of municipal securities pursuant to the Finance Agreement, the City will receive five million dollars ($5,000,000) to be used by the City for neighborhood improvements.lhousing in the immediate vicinity of the Anaheim Resort as the City, in its sole discretion, determines appropriate. Payment ·or such amowit pursuant to the Finance Agreement shall be deemed satisfaction of Condition of Approval Number 61. 27 I
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3.1.7. Landscaping and Lighting District. Disney shall cooperate in, and not contest, the formation of. a Landscaping and Lighting District so long as (a) Disney's obligations under the Landscaping and Lighting District do not take effect unless and until the earlier of (i) issuance of municipal securities by the Authority pursuant to the Finance Agreement or (ii) issuance of municipal securities by the City to fund area-wide improvements for the Anaheim Resort, (b) the burden imposed by such District is based upon the linear footage benefitted, or such other method as agreed to by Disney and the City, and ( c) such District includes all privately owned an9 benefitted properties within the Anaheim Resort. If such a Landscapi':18 and Lighting District is formed, the District will commit to a definite schedule of District-funded maintenance above standard City maintenance. The Anaheim Convention Center may be excluded from the Landscaping and Lighting District provided that the Anaheim Convention Center is owned by the City. If the Anaheim Convention Center is later sold to a private entity or the beneficial ownership of the Convention Center is otherwise effectively transferred to a private party, then. to the extent permitted by applicable law, the Anaheim Convention Center shall become a part of the Landscaping and Lighting District by annexation or otherwise as permitted by law.
3.2. Agreement and Assurances on the Part of the City. In consideration for Disney entering into this Agreement, and as an inducement for Disney to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate _ the premises, purposes and intentions set forth in Section 2 of this Agreement, the City hereby agrees during the Term as follows:
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3.2.1. Entitlement to Develop.
3.2.1.1. Project Entitlement. Disney has the vested right to develop the Project subject to the terms and conditions of th_is Agreement, the Applicable Rules and the Reserved Powers.
3.2.1.2. Limited Hotel Entitlement. Notwithstanding the foregoing, Disney's vested right to develop Future Hotel Rooms, pursuant to this Agreement, shall be limited to a maximum of 1,800 Future Hotel Rooms. This limitation shall not apply to remodeling, renovation, rehabilitation, rebuilding or replacement of Existing Hotel Rooms pursuant to Section 3.2.1.3 below. This Section is not intended to reduce the total number of Hotel Rooms permitted under the Specific Plan, but not vested under this Agreement, and which Hotel Rooms, in excess of the 1,800 Future Hotel Rooms subject to this Agreement, wil_l be subject to the rules, regulations, ordinances and officially adopted plans and policies of the City as in effect from time to time.
3.2.1.3. Right to Rebuild or Replace. Disney's vested rights under this Agreement shall include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace the Project or any portion thereof including without limitation Existing Hotel Rooms and Disneyland throughout the applicable Tenn for any reason including without limitation, in the event of damage, destruction or obsolescence of the Project or any portion thereof, subject to the Applicable Rules and Reserved Powers. To the extent that all or any portion of the Project is remodeled, renovated, rehabilitated, rebuilt or replaced, Disney may locate that portion of the Project on any Disney Property subject to the requirements of The Disneyland Resort Specific Pl� the Applicable Rules and Reserved Powers. Notwithstanding anything 29 I
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to the contrary herein, such remodeled, renovated, rehabilitated, rebuilt or replaced Project or portion thereof is not subject, under the terms of this Agreement, to any limitation on Fees.
The Project or portions thereof remodeled, renov�ted, rehabilitated, rebuilt or replaced pursuant to this Section shall be substantially similar in number and kind to the improvements replaced.
Notwithstanding the foregoing, Disney reserves the right to protest or object to any Fees charged on any remodeled, renovated, rehabilitated, rebuilt or replaced Project or portion thereof based upon its rights under the then applicable law.
3.2.1.4. c .. R Overlay/District A. Nothing in this Agreement shall vest any rights in Disney pursuant to those specific provisions of-The Disneyland Resort Specific Plan relating to C-R Overlay (Section 18.78.100) and Land Use and Site Development Standards - District A (Section 18. 78.09S) or any other provision of The Disneyland Reso� Specific Plan which relate to or implement these specific zone designations.
3.2.2. Changes in Applicable Rules.
3.2.2.1. Nonapplieation of Changes in Applicable Rules. Any change in, or addition to, the Applicable Rules, including, without limitation, any change in any applicable general or specific plan, zoning ordinance or building regulation adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Mayor, City Council, Planning Commission or City Agency, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict with the Applicable Rules or this Agreement, shall not be applied to the Project 30 unless such changes represent an exercise of the City's Reserved Powers or are otherwise expressly allowed by this Agreement.
3.2.2.2. Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, construction of the Project shall comply with changes occurring from time to time in the Unifonn Building Code, Unifonn Fire Code and other Uniform Codes pursuant to the Reserved Powers.
3.2.2.3. Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and officially adopted plans and policies, to the extent that such changes or additions are mandated to be applied to developments such as this Project by state or federal laws or regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
3.2.2.4. Special Tues and Assessments. Except with regard to the Landscaping and Lighting District for the Anaheim Resort as provided for in Section 3.1.7, Disney shall have the right, to the extent permitted by law, to protest, oppose and vote against any and all special taxes, assessments, levies, charges and/or fees imposed with respect to any assessment districts, Mello-Roos or community facilities distric� maintenance districts or other similar districts.
3.2.3. Environmental Equivaleney. To the extent permitted by law, if Dimey cannot acquire Right(s)-of-Way for a Mitigation Measure or Condition of Approval or if 31 I
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Disney cannot complete a Mitigation Me r Condition of Approval and the City elects not to acquire such Right(s)-of-Way or to require Disney to complete such Mitigation Measure or Condition of Approval as required and such applica�le Mitigation Measure and/or Condition of Approval is not required for the Project to operate, Disney shall be allowed to complete the Project without performing such infeasible Mitigation Measure and/or Condition of Approval so long as Disney pays to the City the agreed-upon cost that Disney would have paid to complete such Mitigation Measure and/or Condition of Approval including the cost of any required property if the property were acquired at fair market value, unless the City specifies another substituted measure which (i) constitutes an environmental equivalent, as defined in Exhibit E, Mitigation Monitoring Program, (ii) has a nexus to the Project, and (iii) does not exceed the cost agreed to by the Parties for the replaced Mitigation Measure and/or Condition of Approval, in which case Disney shall complete or caused to be completed such substituted Mitigation Measure and/or Condition of Approval.
3.2.4. Agreed Changes and Other Reserved Powers. This Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies in conflict with the Applicable Rules where such additional rules, regulations, ordinances and officially adopted plans and policies (i) are mutually agreed to in writing by Disney and the City in accordance with the requirements of Section 6. 7 of this Agreement or (ii) result from the Reserved Powers.
3.2.5. Subsequent Development Review. The City shall not require Disney to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals which are required by the Applicable Rules 32 I
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or the Reserved Powers. However, any subsequent Discretionary Action initiated by Disney which changes the uses, intensity, density, or building height of the Project, or decreases the lot area, setbacks, yards or parking or other entitlements pennitted on the Disney Propeny pursuant to the Specific Plan or otherwise modifies the Specific Plan shall ·be subject to the rules, regulations, ordinances and officially adopted plans and policies of the City then in effect. This Agreement shall not apply to any such subsequent Discretionary Actions.
3.2.6. Effective Development Standards. The City agrees that with respect to the Project it is bound to permit development of the Project in accordance with the Specific Plan including without limitation, the uses, intensity and density as provided for in the Specific Plan, subject to the Applicable Rules, Reserved Powers and this Agreement. Moreover, the City hereby agrees that it will not unreasonably withhold or unreasonably condition any Discretionary Action which must be issued by the City in order for the Project to proceed, provided that Disney reasonably and satisfactorily complies with all City-wide standard procedures and policies of the City for processing any such Discretionary Action and pays any applicable Processing Fees and Charges.
3.2. 7. Moratoria. In the event an ordinance, resolution or other measure is enacted, whether by action of the City. by initiative, or otherwise, which relates to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Disney Property or the implementation or construction of the Mitigation Measures, City agrees that such ordinance, resolution or other measure shall not apply to the Project, Disney Property or this Agreement, unless such changes are adopted pursuant to the City's exercise of its Reserved Powers or other applicable provision of this Agreement. 33 I
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3.2.8. Anaheim Resort Specific Plan. The City shall in good faith implement the provisions of the Anaheim Resort Specific Plan as it may be amended from time to time.
In the event the City considers a modification, adjustment, amendment or other change to the Anaheim Resort Specific Plan, the City shail, in addition to any notices required by applicable law, provide notice to Disney of the potential modification, adjustment, amendment or other change no less than ten (10) days of receipt of application for such action and no less than ten ( 10) days prior to adopting or approving such modification, adjustmen� amendment or other change; provided, however, failure to provide any such notice shall not invalidate such modification, adjustment, amendment or change to the Anaheim Resort Specific Plan. Disney shall have no monetary remedy for failure of City to implement the provisions of the Anaheim Resort Specific Plan or failure to provide any notice pursuant to this Section. Nothing in this Section shall limit the right of the City to amend or modify the Anaheim Resort Specific Plan.
3.2.9. Standard City Services. The City agrees to provide generally applicable standard municipal services to the Project upon the same terms as provided elsewhere in the Anaheim Resort; provided, however, the City does not guarantee any particular level of municipal service to Disney or the Disney Property.
3.2.10. Impact Fees. Impact Fees imposed by the City with respect to the Opening Day Project and the Supplemental Future Hotel Rooms shall be only those Impact Fees in force and effect as of the Effective Date. Impact Fees imposed by the City on the Opening Day Project and the Supplemental Future Hotel Rooms may not be increased in amount, except to the extent that any Impact Fee is adjusted dwing the Term, pursuant to its terms in place as of the Effective Date, by a specified price index Ci&u CPI, Dodge, etc.). This 34 I
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Agreement shall not limit any impact fees, linkage fees, exaction, assessments or fair share charges or other similar fees or charges imposed by. other governmental entities and which the City is required to collect or assess pursuant to applicable law � school district impact fees pursuant to Government Code Section 65995). Notwithstanding any other· provision of this Agreement, all Project Elements other than the original construction of the Opening Day Project and the Supplemental Future Hotel Rooms shall be subject to the Impact Fees in force from time to time and are not restricted or limited in any way by this Agreement. The City finds that certain improvements identified in the Mitigation Measures and/or the Conditions of Approval which are to be implem�ted in connection with the Project were contemplated by the justification studies and/or master plans supporting the Impact Fees or otherwise qualify for credit and that the cost of such improvements exceeds the cost of the applicable Impa�t Fees. City, therefore, agrees that the installation of improvements identified in the Mitigation Measures or the Conditions of Approval implemented in connection with the Project shall be deemed to satisfy applicable Impact Fees which specifically relate to the type of improvements required by such Mitigation Measures or otherwise required to be paid by Disney pursuant to the Conditions of Approval and Applicable Rules. In additio� the City shall cooperate with Disney at no cost to the City in the implementation of transportation demand actions and measures from the menu of actions and measures set forth in The Disneyland Resort Transpor• tation Demand Management Plan, as required by the FEIR. Subject to the Reserved Powers, the City agrees that so long as Disney confonns to The Disneyland Resort Transportation Demand Management Plan and the Mitigation Monitoring Program No. 0067 with respect to 35 I
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the Project, the Project will not be subject to any other City imposed transponation demand management measures during the Term of this Agreement.
3.3. Changes to Disney Property. To the extent permitted by the Development Agreement Act, Disney shall have the right to incorporate additional property located within The Disneyland Resort Specific Plan to the existing Disney Property and subject such additional property to this Agreement, provided that Disney shall (i) provide to the City notice pursuant to Section 6.14 of this Agreement of the purchase or Lease of the additional property by Disney or an Affiliate of Disney, and (ii) provide to the City evidence of Disnef s or an Affiliate of Disney's ownership or leasehold interest in such additional property.
3.4. Entitlements, Permits and Expediting Inspections. The City and Disney have agreed on the following provisions to expedite development of the Project:
3.4.1. City Project Coordinator. If jointly agreed to by the Parties in order to facilitate the expeditious completion of the Opening Day Project, the City will select a City Project Coordinator for the Opening Day Project The City Project Coordinator will be the primary City designee responsible for coordinating all processing of Ministerial Permits and Approvals and all Discretionary Actions, if any, for the Project. The City Project Coordinator shall be an Assistant or Deputy City Manager level individual. The City Project Coordinator shall be permitted to delegate day-to-day oversight to one or more department directors or other identified assistants of the City Project Coordinator. The City agrees to consult with Disney as to its proposed selection of the City Project Coordinator and, in good faith, to take into consideration Disney's ·comments regarding the selection; provided that the selection of such City Project Coordinator shall be made by the City in its sole discretion. The City will 36 I
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endeavor to maintain reasonable consistency with respect to the City Project Coordinator assigned to the Project through the completion of the Opening Day Project subject to City employee performance criteria and operational r_equirements. Disney agrees to assist in the efforts of the City Project Coordinator by promptly providing information reasonably requested by the City or the City Project Coordinator, in order to clarify an application or to otherwise facilitate processing of an application. Disney will pay to the City the costs of the City Project Coordinator, including overhead costs. The City shall invoice Disney monthly for the costs of the City Project Coordinator and Disney will pay such invoices within thirty (30) days of receipt. Disney shall appoint a Disney Project Manager who shall serve as the primary interface with the City Project Coordinator. Disney will endeavor to maintain reasonable consistency with respect to the Disney Project Manager assigned to the Project through completion of the Opening Day Project subject to Disney employee performance criteria and operational requirements.
3.4.2. Processing Fees and Charges. Disney shall pay all Processing Fees and Charges for Ministerial Permits and Approvals and Inspections. Processing Fees and Charges for the original· construction of the Opening Day Project and Supplemental Future Hotel Rooms shall be limited to Processing Fees and Charges in effect on the Effective Date; provided, however Processing Fees and Charges for the original construction of the Opening Day Project and Supplemented Future Hotel Rooms shall also include the lesser of (i) all City Council authorized increases in Processing· Fees and Charges or (ii) existing Processing Fees and Charges increased by the percentage increase in the Consumer Price Index for Urban Consumers for the Los Angeles-Anaheim-Riverside Region between the Effective Date and the 37 I
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date on which such Processing Fees and Charges are payable. Processing Fees and Charges for development of the remaining portions of the Project shall be those Processing Fees and Charges in effect on a City-wide basis from time to time in accordance with their terms. In the event that the magnitude of the Project provides opportunities to realize economies of scale with respect to Processing Fees and Charges, the City agrees to work in good faith with Disney to consider alternative fee arrangements; provided, however, that such fee schedule shall at all times cover the costs of services provided by the City including without limitation City overhead costs. Notwithstanding any other provision of this Agreement, this Agreement shall not limit the imposition of Processing Fees and Charges except as limited by this Section and Section 1. 7.
3.4.3. Timeframes and Staffing for Processing and Review. The City agrees that expeditious processing of Ministerial Permits and Approvals, Inspections, Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals and Inspections, the City agrees to work with Disney to establish guideline time limits for processing and reviewing such Ministerial Permits and Approvals and Inspections as provided for in this Section.
3.4.3.1. Ministerial Permits and Approvals/Inspections; Standard Guidelines; Additional Stafrmg for Expedited Processing. The City and Disney agree that all requests for Ministerial Permits and Approvals shall be reviewed and/or completed by the City as expeditiously as possible following the submittal of full and complete applications for such Ministerial Permits and Approvals. The City further agrees to expeditiously respond to 38 -1
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requests for Inspections by Disney. Upon the completion of the Construction Schedule as provided for in the Finance Agreement, Disney and the City shall establish guideline time limits for processing Ministerial Permits and Approvals and Discretionary A�tions and for response times for Inspections based on use of standard City staffing and c�nsultants. Such guideline time limits shall serve as general objectives for the Parties; provided City shall have no monetary liability or responsibility and shall not be subjected to any monetary damage claim (whether consequential, incidental or otherwise) for any failure to meet such guideline time limits. If the City fails to process Ministerial Permits and Approvals and Discretionary Actions and to respond to requests for Inspections in accordance with such guideline time limits, such performance shall be referred to the City Manager. The City Manager shall review such performance and shall establish a plan in conjunction with the City Project Coordinator and. the Disney Project Manager to address any deficiencies. If Disney is not satisfied with the guideline time limits resulting from use of standard City staffing and consultants or the subsequent ability of the City to meet those guideline time limits, the City will. at Disney's request and expense, hire plan check, inspection and other personnel, or hire additional consultants for such actions, or allocate use of exclusively dedicated staff time, such that the guideline time limits can be achieved. If Disney requests use of third party services or extraordinary staffing, Disney shall pay all costs incurred by City in connection therewith, including overhead costs and all costs of selecting, employing, supervising and reviewing any additional consultants. The City shall consult in good faith with Disney as to any additional consultants to be hired pursuant to this Section provided that the City shall retain the sole discretion as to selection of any such parties. In order to provide the City with advance notice 39 I
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of upcoming applications for Ministerial Permits and Approvals, Disney shall supply to the City, no later than January 1 of each year, a List of Actions describing the various Ministerial Permits and Approvals which Disney reasonably anticipates will be requested during that year.
The List of Actions shall be updated quarterly, unless agreed to sooner by the Parties. Disney will also include on its List of Actions its expected schedule for requested Inspections. To the extent (i) any outside consultants or specially allocated staff performs work on the Project under this Section and Disney reimburses the City for all costs of such consultants or staff as provided above, and (ii) such work replaces work that would have otherwise been performed by standard City staff under normal processing conditions, Disney shall be entitled to a credit for such consultant fees or special staff reimbursement charges against the standard permit fees paid by Disney. Disney agrees that the City may establish an office on the Disney Property and staff such office with plan check personnel and inspection personnel to process Ministerial Permits and Approvals and to provide Inspections for the Project. Disney shall reimburse the City . for additional City costs incurred in establishing and operating such office. All reimbursements to the City provided for by this Agreement shall be paid by Disney to the City within thirty (30) days after Disney receives an invoice identifying such reimbursable expenses.
3.4.3.2. Discretionary Actions and Other Permits. The City shall expedite all requests by Disney for conditional use permits, tract maps, lot tie agreements, site plan, lot line adjustments, project permits, encroachment permits, air right lots, street vacations and any other Discretionary Actions requested for the Project, if any. Disney shall supply to the City, no later than January 1 of each year, a List of Actions describing the various Discretionary Actions which Disney reasonably anticipates will be requested during that year 40 I
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with respect to the Project. The List of Actions shall be updated quarterly unless agreed to sooner by the Parties. The List of Actions shall be utilized to provide advance notice to the City of all upcoming applications for Discretionar:r Actions. At Disney's request, the City will retain consultants to assist the City in the review of Discretionary Actions in· accordance with the terms and subject to the requirements, including reimbursement of City expenses, set forth in Section 3.4.3.1 above.
3.4.4. Permit/Approval Dispute Resolution. The Parties agree to establish and utilize the dispute resolution proceedings as set forth in this Section 3.4.4 to fairly and expeditiously resolve disputes or questions related to interpretation of the Project Approvals and Ministerial Permits and Approvals during the Term.
3.4.4.1. City Meet and Confer Process. In the event of a dispute or question of interpretation regarding the Project Approvals or Ministerial Permits and Approvals that cannot be resolved by the City Project Coordinator and the Disney Project Manager, upon the request of either Party, the City Project Coordinator and the Disney Project Manager shall meet and confer with the City Manager and the Senior Disney Project Manager or the designee of the City Manager, together with the appropriate third party expert(s) as provided for in Section 3 .4.4.2. Such meeting shall occur within two (2) working days following the request for such meeting. If the Parties are unable to resolve such dispute at such meeting, all materials involved in the issue in dispute shall be immediately submitted for the third party expert's review and written report. The third party expert shall prepare a non-binding written report and recommendation and submit such report and recommendation to the City Manager and Senior Disney Project Manager within two (2) additional working days. The City Manager 41 I
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and the Senior Disney Project Manager shall review the report of the third party expert and again confer on resolving the dispute. Disney shall reimburse to the City invoices of the foregoing third party expert(s) within 30 days o� receiving an invoice therefor.from the City.
In the event that the City Manager and the Senior Disney Project Manager are unable to resolve the dispute or question of interpretation within two (2) additional working days following receipt of such third party expert(s) reportt the Parties shall be entitled to such remedies as provided by Section 6.5. Nothing herein expands the authority of the City Manager, if any, to overrule detenninations of the City Engineer, Chief Building Inspector, Fire Chief or other City officials as provided by applicable law or City Charter or Code.
3.4.4.2. Third Party Expert Selection. Disney and the City shall annually mutually select three independent third party experts to assist in mediating dispute� or questions of interpretation, in the following areas of expertise:
a. A Registered Professional Engineer to mediate any disputes and questions of interpretation related to Uniform Building Codes and Inspections and construction requirements related to development of the Opening Day Project and Mitigation Measures.
b. A professional planner, certified. by the AICP to mediate any disputes and questions of interpretation related to Project Approvals, Mitigation Measures, Conditions of Approval or the Zoning Code of the AMC.
c. An expert in fire and life safety code issues to mediate any disputes and questions of interpretation related to fire code requirements contained in or 42 I
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adopted pursuant to Title 16 of the AMC or to Mitigation Measures or Conditions of Approval related to fire prevention and/or inspection.
d. A licensed cjvil engineer with substantial experience m public infrastructure construction to mediate any disputes and questions of interpretation related to development and coordination of public improvements.
3.4.S. Environmental Review. The City has conducted extensive environmental review of the Project and has certified the FEIR and Addendwn pursuant to the requirements of CEQA. The City intends that Ministerial Permits and Approvals are not actions subject to requirements for further environmental review pursuant to CEQA. Consistent with the provisions of Section 3.2.6, the City further agrees to use its good faith efforts to consult with Disney regarding any Discretionary Actions necessary to the Project to avoid any unnecessary or unreasonable delays due to requirements for additional docwnentation pursuant to CEQA.
4. ANNUAL REVIEW
4.1. Annual Review. During the Term of this Agreement, Disney shall initiate and the City shall conduct an Annual Review of Disney's compliance with this Agreement. Such Annual Review shall be limited in scope to detennining good faith compliance with the provisions of this Agreement as provided in the Development Agreement Act. The Annual Review shall be initiated and conducted in accordance with the Procedures Resolution.
4.2. Termination Or Modification Of Agreement. In the event the City Council determines on the basis of substantial evidence that Disney has not complied in good faith with the terms of this Agreement the City may terminate this Agreement in accordance with the Procedures Resolution. Notwithstanding any provision of the Procedures Resolution, the City 43 I
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shall not have any right to modify the Agreement without the consent of Disney. There shall be no modifications of this Agreement unless the City Council acts pursuant to Government Code Sections 65867.5 and 65868.
4.3. Reimbursement Of Costs. Disney shall reimburse the City for its actual costs, reasonably and necessarily incurred, to accomplish the required Annual Review in accordance with the Procedures Resolution within thirty (30) days after receipt of invoice from the City.
5. DEFAULT PROVISIONS
5.1. Default By Disney.
S.1.1. Default. In addition to the annual review process set forth in Section 4, in the event Disney does not perform its obligations under this Agreement in a timely manner, the City also shall have those rights and remedies provided for in this Agreement including without limitation Section 6.5; provided that the City's right to compel specific performance of the obligations of Disney shall be subject to the limitations set forth in Section 5.1.5 of this Agreement; provided, further, the City shall have no right to monetary damages as a result of any failure by Disney to complete construction of any Project Element including without limitation of the Opening Day Project (other than to the extent provided by the Finance Agreement or as a result of Disney's failure to complete, remove or secure improvements as required by Section 5.1.S and the City seeks reimbursement of costs incurred in completing, removing or securing such improvements). Nothing in this Section S.1.1 shall limit (i) the City's right to terminate this Agreement in accordance with Section 5.1.4 or (ii) those rights and remedies set forth in the Finance Agreement.
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5.1.2. Notice Of Default. With respect to a default pursuant to this Agreement, the City, through the Planning Director, shall submit to Disney, by registered or certified mail, return receipt requested, a written notice of default in the manner prescribed in Section 6.14, identifying with specificity those obligations of Disney which have not been performed. Upon receipt of the notice of default, Disney shall promptly commence to cure the identified default( s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that Disney shall continuously and diligently pursue such remedy at all times until such default(s) is cured.
S.1.3. Failure To Cure Default Procedure. If after the cure period has elapsed, the Planning Director finds and determines that Disney remains in default and that the City intends to terminate or modify this Agreement, the Director shall make a report to the Planning Commission and then set a public hearing before the Commission in accordance with the notice and hearing requirements of Government Code Sections 6S867 and 65868. If after public hearing, the Planning Commission finds �d determines, on the basis of substantial evidence, that Disney has not cured the default pursuant to this Sectio� and that the City shall terminate or modify this Agreement, Disney shall be entitled to appeal that finding and determination to the City Council in accordance with Section 6.3. In the event of a fmding and determination that all defaults are cured, there shall be no appeal by any person or entity.
5.1.4. Termination Or Modification or Agreement. The City may terminate this Agreement, after final determination in accordance with Section 6.3 of the City Council 4S
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on the basis of substantial evidence that Disney has not cured its default or, where no appeal is taken, after the expiration of the appeal periods described in Section 6.3. Notwithstanding any provision of the Procedures Resolution, the City shall not have any right to modify this Agreement without the consent of Disney. There shall be no modifications of this Agreement unless the City Council acts pursuant to Government Code Sections 65867.5 and 65868, irrespective of whether an appeal is taken as provided in Section 6.3.
5.1.5. Specific Performance. Except as provided in this Section, the City shall have no right to seek a remedy of specific performance with respect to the Project in the event of an abandonment of the Project (including the failure to complete_ the Opening Day Project by Opening Day) or with respect to any Project Element in the event of the abandonment of any such Project Element (regardless of whether the Project Element is or is not part of the Opening Day Project). The City's right to seek specific performance to compel completion of the Project (including the Opening Day Project) or applicable Project Element in the event of such abandonment shall be specifically limited to (i) compelling Disney, at the election of the · City in its sole discretion, to complete or demolish any uncompleted improvements located on public property initiated in connection with the Project with the choice of whether to demolish or complete such improvements and the method of such demolition or completion of such improvements to be selected by the City in its sole discretion, and, (ii) compelling Disney, at the election of Disney in its sole discretion, to complete, demolish or make safe and secure any uncompleted improvements located on Disney Property with the choice of whether to demolish, complete or secure such improvements and the method of such demolition, completion and securing such improvements to be selected by Disney in its sole discretion. Nothing in this 46 I
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Section 5.1.5 shall limit, and notwithstanding any termination of this Agreement, the City shall have the right to enforce all applicable provisions of the Applicable Rules, Uniform Codes and Conditions of Approval for any portion of the Project then or thereafter constructed � •
requiring Disney to build sewer laterals required under Applicable Rules . to serve a hotel actually completed). In addition, nothing in this Section shall limit or restrict in any way the City's monetary remedies as provided for pursuant to the Finance Agreement.
S.2. Default By The City.
5.2.1. Default and Notice of Default. In the event the City does not accept, process, or render a decision on necessary development permits, entitlements, or other land use or building approvals for the Project as provided in this Agreement upon compliance with the requirements therefor, or as otherwise agreed to by the Parties, or the City otherwise defaults under the provisions of this Agreement, in addition to the dispute resolution process set forth in Section 3.4.4, Disney shall have only those rights and remedies provided in this Agreement, including without limitation Section 6.5 which shall be limited to (i) compelling the specific performance of the City"s obligations under this Agreement and (ii) those rights and remedies set forth in the Finance Agreement. With respect to a default by the City pW'SU8Dt to this Agreement, Disney shall first submit to the City a written notice of default in the manner prescribed in Section 6.14 stating with specificity those obligations of the City which have not been performed. Upon receipt of the notice of default, the City shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later than one hundred and twenty (120) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy 47 I
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such default(s), provided that the City shall continuously and diligently pursue such remedy at all times until such default(s) is cured.
5.2.2. Specific Performance. It _is acknowledged by the Parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In addition, · the Parties agree that monetary damages are not an adequate remedy for Disney if the City should be detennined to be in default under this Agreement. The Parties further agree that specific perfonnance shall be Disney's only remedy under this Agreement, and Disney may not seek monetary damages in the event of a default by the City under this Agreement. Disney covenants not to sue for or claim any monetary damages for the breach by the City of any provision of this Agreement.
Nothing in this Section shall limit or restrict in any way Disney's remedies as provided for pursuant to the Finance Agreement.
6. GENERAL PROVISIONS
6.1. Effective Date. This Agreement shall be effective upon such date as it is attested by the City Clerk of the City after approval by the City Council and execution by Disney and the Mayor of the City of Anaheim.
6.2. Term.
6.2.1. Basic Term. The Term of this Agreement shall commence on the Effective Date and shall extend for a period of forty ( 40) years after the Effective Date; provided, however, that all rights under this Agreement with respect to Hotel Rooms shall be limited to twenty (20) years after the Effective Date and all references to Term with respect thereto shall refer to and mean srud twenty (20) year period; provided, further, the right to 48 I
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remodel, rebuild, renovate, rehabilitate or replace 1800 Future Hotel Rooms and any Existing Hotel Rooms in accordance with Section 3.2.1.3 shall be vested for a term of the greater of (i) twenty (20) years or (ii) the term of the Finance Agreement but in any event not in excess of the forty ( 40) year term of this Agreement, subject to extension of up to two (2) years pursuant to Section 6.4. Following the expiration of the forty-year Tenn, this Agreement shall terminate and be of no further force and effect. The Tenn, including the Tenn for Hotel Rooms, shall be subject to extension extended pursuant to Section 6.4, provided that any such extensions pursuant to Section 6.4 shall not individually or cumulatively exceed two (2) years.
6.2.2. Early Partial Termination of Agreement. The provisions of this Agreement with respect to vesting of Project Elements, other than the vested rights applicable to Disneyland expressly set forth in Section 6.2.4, shall automatically terminate in the event that the Parties fail to enter into the Finance Agreement by December 31, 1996 or such later date as the Parties may mutually establish in writing. The provisions of this Agreement with respect to vesting of Project Elements, other than the vested rights applicable to Disneyland expressly set forth in Section 6.2.4, are further terminable on any other grounds for termination of this Agreement specifically set forth in the Finance Agreement.
6.2.3. Early Full Termination of Agreement. The Agreement is terminable:
(i) by mutual written consent of the Parties; (ii) by either Party following an uncured default by the other Party under this Agreement, subject to the procedures and limitations set forth in this Agreement; or (iii) by the City upon the substantially complete abandonment and closure of all Theme Parks on the Disney Property for a continuous period of two (2) years (except to the extent such abandonment and closure is subject to Section 6.4). 49 I
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6.2.4. Disneyland Continued Vesting Upon Partial Termination. In the event of a partial termination as provided in Section 6.2.2 Disney shall have the vested right to develop Disneyland during the Term subject to th� terms and conditions of this Agreement, the Applicable Rules and the Reserved Powers, to the extent set forth on Exhibit C. Further, Disney's vested rights under this Section 6.2.4 shall include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace Disneyland during the Term as provided by Section 3.2.1.3., to the extent set forth on Exhibit C.
6.3. Appeals To City Council. 'Where an appeal by Disney to the City Council from a finding and/or detennination of $he Planning Director or Planning Commission is created by this Agreement, such appeal shall be taken, if at all, within twenty (20) days after the delivery of notice in accordance with Section 6.14 of such finding and/or detennination to Disney. The City Council shall act upon the finding and/or determination of the Planning Director or Planning Commission within eighty (80) days after such delivery of notice in accordance with Section 6.14, or within such additional period as may be agreed upon by the Disney and the Council. The failure of the City Council to act shall not be deemed to be an approval or a denial of the appeal; the matter shall remain pending until final action by the City Council.
6.4. Enforced Delay; Extension Of Time Of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party hereto is required to do or complete any aci matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reason50 I
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able control of the Party to be excused, including: war; insurrection; strikes; walk-outs; riots; floods; earthquakes� fires; casualties; acts of God; litigation and administrative proceedings against the Project (not including any administrative p.roceedings contemplated by this Agreement in the normal course of affairs such as the Annual Review); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City's Reserved Powers; or similar bases for excused performance which is not within the reasonable control of the Party to be excused (financial inability excepted). This Section shall not be applicable to any proceedings with respect to bankruptcy or receivership initiated by or on behalf of Disney ort if not dismissed within ninety (90) days, by any third Parties against Disney. If written notice of such delay is given to either Party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay. or longer as may be mutually agreed upon; in the event no such notice is given, such claim of delay from that cause shall be deemed waived and no extension shall be granted on that basis.
6.5. Legal Action. Subject to the limitation on remedies imposed by this Agreement, either Party may institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation, enforce by specific performance the obligations and rights of the Parties hereto or seek declaratory relief with respect to its rights, obligations or interpretations of this Agreement or pursue other remedies under applicable law.
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6.6. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any Party with respect to this Agreement shall be the County of Orange, State of California for state actions and the Central District of California for any federal actions.
6.7. Amendments. This Agreement may be amended from time to time by mutual consent in writing of the Parties to this Agreement in accordance with Government Code Section 65868. Any amendment to this Agreement which relates to the Term, permitted uses, density or intensity of use, height, or size of buildings, provisions for reservation and dedication of land, conditions, restrictions, and requirements relating to subsequent Discretionary Action, or any conditions or covenants relating to the use of the Disney Property shall require notice and public hearing before the Parties may execute an amendment thereto.
6.8. Assignment. The Parties acknowledge and agree that one of the principal inducements to the City in entering into this Agreement is the assurance that the Opening Day Project will continue to bear the "Disney" brand name and that the balance of the Project will be developed in accordance with the quality standards set forth in this Agreement. The Parties further acknowledge and agree that the City is relying upon the existing public image, resources and experience of Disney and its affiliated companies to help assure that the City will receive the anticipated benefits of the Project as expressed in the Statement of Overriding Considerations. Except as provided in this Section 6.8, Disney shall not be entitled to transfer any of the Disney property together with its rights or obligations hereunder without the written consent of the City, which consent may be granted or withheld by the City in its sole discretion.
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The City agrees that it will not unreasonably withhold consent to any proposed transfer by Disney of any Disney Property _or portion thereof subject to this Agreement, together with the rights granted to and obligations imposed upon such Disney Property pursuant to this Agreement, to a proposed transferee for Hotel use provided that the proposed transferee has a net worth of at least $40,000,000 at the time of the proposed transfer and the proposed transferee has at least ten (10) years of experience in operating first class hotels (i.e. comparable to Hilton, Sheraton, Marrion, Doubletree).
The City further agrees that Disney may transfer the Disney Property or applicable portion thereof or applicable Project Element therein subject to this Agreement, together with the rights granted to and obligations imposed upon such Disney Property or Project Element pursuant to this Agreement, without the consent of the City in accordance with the following:
(a) transfers to any corporation, joint venture, limited liability company, partnership, limited partnership, trust, association or other entity where Disney or The Walt Disney Company, retains control of such corporation, joint venture, limited liability company, partnership, limited partnership, trust, association, or other entity;
(b) any business combination or merger whereby The Walt Disney Company is merged into or combined with another corporation, joint venture, limited liability company, partnership, limited partnership, trust, association or other entity;
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(c) transfers of the Disney Property (including any portion thereof or any Project Element) which meet the
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equirements of both (i) and (ii) below;
(i) transfer to any entity in connection with which Disney or an Affiliate of Disney leases the transferred Disney Property or Project Element back from such entity for operation by Disney for the Term, or transfers in connection with which Disney or an Affiliate of Disney enters into an agreement to manage or operate the transferred Disney Property or Project Element for the Term, or transfers of a Theme Park in connection with which Disney or an Affiliate of Disney licenses use of the ttDisney" brand name and licensed products for the Theme Park for the Term � Tokyo Disneyland} and (ii) the use of the transferred Disney Property or Project Element is "Disney" branded during the Term and generally marketed under the Disney. trademark, tradename or logo; provided, any such transfer described in this subsection ( c) shall be permitted without prior City consent only so long as such Disney Property in fact continues to be "Disney" branded as required above;
(d) transfers pursuant to a mortgage, or other financing arrangement with any institutional lender (as hereinafter defmed) who acquires Disney's interest in this Agreement pursuant to the exercise of its remed ies under such
fmancing arrangement, including without limitation a foreclosure sale, a trustees sale or a judgment of foreclosure and sale through a deed or assignment in lieu
of foreclosure or through settlement of any pending
foreclosure action; notwithstanding any provision in this Agreement to 54 I
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the contrary, no institutional lender shaH acquire any of Disney's rights under this Agreement with respect to Theme Parks; "Institutional lender" for the purposes of this su�section (d) shall include national and state chartered banks, savings and loans and thrifts, arid other similar institutional entities, including without limitation insurance companies, pension funds, institutional funds, investment banks, real· estate investment trusts. trusts, and trust companies.
Further, Disney shall be pennitted to transfer without the consent of the City (i) individual timeshare units or interval ownership transfers (provided the transfer will not result in a loss of transient occupancy tax revenues to the City) and (ii) leases, licenses, management agreements, operating contracts and other similar agreements executed in the ordinary course of business by Disney; provided such transfers pursuant to (i) and (ii) above shall not include any rights or obligations pursuant to this Agreement.
For the purposes of this Section, 11contror' shall be defined as follows:
(i) for transfers of Disney Property representing Theme Parks or any portion thereof, '
1 control" of any corporation shall be deemed to be vested in the person or persons owning more than fifty percent (50%) of such corporation and "control" of a partnership, limited partnership, limited liability company, joint venture, trust, association or other entity shall be deemed to be vested in the person or persons owning more than fifty percent (50%) of the total interests in such partnership. joint venture, 55 I
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limited partnership, limited liability company, trust, association or other entity; and
(ii) for transfers of all other Disney Property, "control" of any corporation shall be deemed to be vested in the person or persons owning more than fifty percent (SO%) of such corporation or owning more than fifty percent (50%) of the voting power of such corporation or, with prior written notice to the City, possessing the actual and on-going ability to manage and control the day-to-day and overall operations of the controlled entity, and "control" of a partnership, limited partnership, limited liability company, joint venture, trust, association or other entity shall be deemed to be vested in the person or persons owning more than fifty percent (50%) of the total interests in such partnership, joint venture, limited partnership, limited liability company, trust, association or other entity, or, with prior written notice to the City, possessing the actual and on-going ability to manage and control the day-to-day and overall operations of the controlJed entity.
For purposes of this Section, the tenn "transfer" means (i) any direct or indirect conveyance, sale, assignment, lease, sublease, license, concession, franchise, gi� hypothecation, mortgage, pledge, encumbrance, or the like, to any person or entity or, (ii) with respect to a controlled entity to whom Disney Property subject to this Agreement has been transferred, the cessation by Disney or The Walt Disn!'}' Company of control of the controlled entity.
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Because this Agreement is intended to represent an integrated plan, the failure of any successor in interest to perform the obligations assigned to it may result, at the City's option, in a declaration that the Agreement has been breached and an election to terminate this Agreement in its entirety as provided for in Section 5.1, provided that the City has given notice of such default and opportunity to Disney to cure as set forth in Section 5.1 of this Agreement.
At least thirty (30) days prior to any transfer which requires the City's consent or which involves a Theme Park, Disney shall provide written notice to the City describing the nature of the transfer, the identity of the proposed transferee, and the asset proposed to be transferred. In the event of any permitted transfer by Disney, all references in this Agreement to Disney shall thereafter also be deemed to refer to such successor or assign with respect to the interest transferred and, with respect to such transferred interest, the transferee thereof shall execute an express written assumption of the obligations applicable to such interest.
6.9. Covenants. The provisions of this Agreement shall constitute covenants which shall run with the land comprising the Disney Property for the benefit thereof and as a burden thereon, and, subject to the restrictions on transfer as set forth in Section 6.8, the burdens and benefits hereof shall bind and inure to the benefit of all assignees, transferees, and successors to the Parties hereto.
6.10. Implementation.
6.10.1. Processing. Upon satisfactory completion by Disney of all required applications and payment of appropriate Processing Fees and Charges, including the fee for processing this Agreement, the City and Disney shall commence and diligently process all required steps necessary for the implementation of this Agreement and development of the 57 I
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Project in accordance with the terms of this Agreement. Disney shall, in a timely manner, provide the City with all documents, plans and other information necessary for the City to carry out its processing obligations.
6.10.2. Other Governmental Permits. Disney shall apply in a timely manner for such other permits and approvals as may be required from other governmental or quasigovernmental agencies having jurisdiction over the �roject as may be required for the development of, or provision of services to, the Project. The City shall cooperate with Disney in its endeavors to obtain such permits and approvals and shall, from time to time at the request of Disney, attempt with due diligence and in good faith to enter into binding agreements with any such entity to ensure the availability of such permits and approvals, or services, provided such agreements are reasonable and not detrimental to the City. These agreements may include, but are not limited to, joint powers agreements under the provisions of the Joint Exercise of Powers Act (Government Code Section 6500, et &qJ or the provisions of other laws to create legally binding, enforceable agreements between such parties. To the extent allowed by law, Disney shall be a party to any such agreement, or a third party beneficiary thereof, entitled to enforce for its benefit on behalf of the City. or in its own name, the rights of the City or Disney thereunder or the duties and obligations of the parties thereto.
Disney shall reimburse the City for all costs and expenses incurred in connection with seeking and entering into any such agreement provided that Disney has requested it. Disney shall defend the City in any challenge by any person or entity to any such agreement. and shall reimburse the City for any costs and expenses incurred by the City in enforcing any such agreement. Any fees, assessments, or other amounts payable by the City thereunder shall be 58 I
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borne by Disney, except where Disney has notified the City in writing, prior to the City entering into such agreement, that it does not desire for the City to execute such agreement.
6.11. Relationship Of The Parties. It i� understood and agreed by the Parties hereto that the contractual relationship created between the Parties hereunder is that Disney is an independent party and not an agent of the City. Further, the City and Disney hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing herein or in any document executed in connection herewith shall be construed as making the City and Disney joint venturers or partners.
6.12. Cooperation in Ev.ent of Litigation, Hold Harmless and Insurance.
6.12.1. Cooperation In The Event Of Litigation. In the event of .any Litigation instituted by a third party or other governmental entity or official, the Parties hereby agree to affirmatively cooperate in defending said action.
6.12.1.1. Attorney Fees. In the event any Litigation should arise, the City shall notify Disney in writing of such Litigation not later than five (5) business days after service upon City and shall transmit to Disney any and all documents (including, without limitation, correspondence and pleadings) received by, or served upon. City in connection with such Litigation. Upon receipt of such notice from the City, Disney shall retain and appoint legal counsel ("Counsel" for purposes of this Section 6.12.1) with respect to the Litigation.
The Parties acknowledge that Counsel will appear and represent Disney in connection with such Litigation and such Counsel shall, at the request of the City Attorney, cooperate with the City Attorney, shall prepare drafts, for review by the City Attorney, of all pleadings, motions and other Litigation-related documents, and shall coordinate legal strategy and otherwise 59 I
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cooperate with City in connection with the Litigation, all at Disney's cost and expense. Disney shall also pay all. filing fees, court costs and similar out-of-pocket expenses required for the City to def end the Litigation. The City Attorney- or his designee shall appear on behalf of the City in any such Litigation and shall at all times retain final authority and control over all documents to be filed on the City's behalf and all actions to be tak�n by the City with respect to Litigation. Disney shall not be responsible for paying {a) fees or costs of any attorneys hired by the City in connection with such Litigation or (b) any fees, costs, Attorneys' Fees or expenses resulting from unreasonable actions taken by the City against the written advice of Counsel. The City shall cooperate with Counsel's defense of the Litigation, and shall make its records ( other than documents privileged from disclosure) and personnel available to Counsel as may be reasonably requested by Counsel in connection with the Litigation.
6.12.1.2. Reimbursement of Attorney Fees. Within thirty {30) days after delivery of a final judgement awarding Attorneys' Fees or costs to a Plaintiff or upon execution of a written settlement agreement by and between the City and a Plaintiff which requires the City to pay Attorneys' Fees or costs to a Plaintiff, Disney shall pay such Attorneys' Fees and costs to the Plaintiff as required {except as provided in the penultimate sentenc;:e of Section 6.12.1.1). If the City settles any Litigation, in whole or in part, without Disney's prior written approval, which approval shall not be unreasonably withheld, the City shall have no rights whatsoever under this Agreement for reimbursement of any Attorneys' Fees incurred in connection with such Litigation.
6.12.1.3. Indemnification. Disney hereby agrees to and shall indemnify, save and hold the City and its elected and appointed representatives, boards, commissions, 60 I
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officers, agents and employees (collectively. "the City" in this Section 6.12.1.3) harmless from any and all claims, costs, and liability for damages to the extent they result from any Litigation, excluding any legal challenges to the extent based on alleged inadequacies in the General Plan and legal challenges to the Anaheim Resort Specific Plan, Ordinance No. 5379 (Height Ordinance}, the Finance Agreement and/or any other rules, regulations, ordinances, plans or policies of general application Citywide. Disney shall cooperate in the defense of Litigation pursuant to this Section 6.12.1 in accordance with Section 6.12.1.1. Notwithstanding any other provision of this Section 6.12.1, the City's sole rights to Attorney Fees for defense of Litigation are as set forth in Sections 6.12.1.1 and 6.12.1.2. Furthermore, the City shall be deemed to have waived its rights under this Section 6.12.1.3 if the City settles any Litigation, in whole or in part, without Disney's prior written approval, which approval shall not be unreasonably withheld. Notwithstanding any provision to the contrary, if the City is indemnified with respect to Litigation pursuant to this Section 6.12.1.3, Disney, as the indemnifying party, shaU at all times retain final authority and control over all documents to be filed in such Litigation and all actions to be taken by the City with respect to such Litigation subject to the City's review and approval thereof which approval shall not be unreasonably withheld. Nothing in this Section shall be construed to mean that Disney shall hold the City harmless and/or defend it to the extent that such claims, costs or liability arise from, or are alleged to have arisen from, the negligent acts, or negligent failure to act, on the part of the City.
6.12.1.4 .. Joint Defense. It is .understood and agreed that the Counsel shall represent Disney and that the City shall not be considered the client of Counsel, nor 61 I
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Disney the client of the City Attorney. Both Disney and the City understand that the requirements of cooperation contained in this Agreement apply only as to matters reasonably necessary for the accomplishment of the defense of the Litigation and shared· information is intended to be, and must be, kept confidential.
6.12.2. Disney Hold Harmless. Disney hereby agrees to and shall indemnify, save, hold harmless and defend the City, and its elected and appointed representatives, boards, commissions, officers, agents, and employees (collectively, "the City" in this Section), from any and all claims, costs, and liability for any damages, personal injury or death which may arise, directly or indirectly, from Disney or Disney's contractors, subcontractors, agents, or employees' operations, acts or omissions in connection with the construction and operation of the Project, whether such operations, acts or omissions be by Disney or any of Disney's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Disney or any of Disney's contractors or subcontractors. Nothing in this Section shall be construed to mean that Disney shall hold the City harmless and/or defend it to the extent that such claims, costs or liability arise from, or are alleged to have arisen from, the negligent acts, or negligent failure to act, on the part of the City. City agrees that it shall fully cooperate with Disney in the defense of any matter in which Disney is defending and/or holding the City harmless.
6.12.3. Insurance. Without limiting its obligation to hold the City hannless, Disney shall provide and maintain at its own expense, at all times during the forty ( 40) year Term the following program of insurance concerning its operations hereunder. The insurance shall be placed (i) with California-admitted insurers that carry Best's or equivalent rating equal 62 I
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to the lesser of A+X as to property insurance and an A-X rating as to all other insurance or (ii) with the same insurers which are then insuring the Disneyland Theme Park, provided, however, that in no event shall the insurer have a J3est's or equivalent rating of less than B+X.
The program of insurance provided shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days prior to any modification or termination of coverage. Such insurance shall be primary to and not contributing with any insurance or self-insurance maintained by the City, shall name the City as an additional insured, shall be written on a comprehensive or commercial general liability insurance form, and shall include coverage for, but not limited to, Completed Operations, Premises/Project Site Operations, Products/Completed Operations, Contractual, Independent Contractors Broad Form Property Damage, and Personal Injury, with a per occurrence limit of not less than fifty million ($50,000,000) written on an occurrence basis. From time to time, but not more often than once every two (2) years, Disney shall increase the coverage limits of the insurance required under this Section if so directed by the City after a determination by the City that such an increase is justified using customary and reasonable risk management methods and principles. So long as Disney's financial condition does not materially and adversely deteriorate such that it would impair Disney's ability to provide the requisite levels of insurance, upon written disclosure to City, Disney shall have the right to self-insure all coverages provided in this Section 6.12.3, provided that in the event of self-insurance the City shall have all remedies and presumptions provided under law for a named additional insured ;'
as if Disney acting in its capacity as self-insurer were an insurance company. For any construction work which Disney performs on behalf of the City, Disney shall secure and 63 I
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maintain such insurance as would typically be required of a construction contractor, including, but not limited to, builder's risk insurance in the full amount of the subject improvements, workers' compensation insurance as required by, law, and employer's liability coverage in an amount not less than ten million dollars ($10,000,000) per accident/injury/illness. The details of such construction-related insurance coverage shall be set forth in the separate agreements governing such work.
6.12.4. Continuing Obligations. This Section 6.12 shall survive termination of this Agreement.
6.13. Tentative Maps. Pursuant to California Government Code Section 664S2.6(a), the duration of tentative maps filed subsequent to the Effective Date for the Disney Property in connection with the Project shall automatically be extended for the Term of this Agreemen•.
6.14. Notices. Any notice or communication required hereunder between the City or Disney must be in writing, and may be given either personally, by registered or certified mail, return receipt requested or by overnight courier. If given by registered or certified mail, the same shall be deemed to have been delivered and received on the first to occur of (i) actual receipt by any of the addressees designated below.
as the Party to whom notices are to be sent,
or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered or delivered by courier, a notice shall be deemed to have been delivered when received by the Party to whom it is addressed. Any Party hereto may at any tim� by giving ten (10) days' written notice to the other Party hereto, designate any other address in substitution of the 64 I
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address, or any additional address, to which such notice or communication shall be given.
Such notices or communications shall be given to the Parties at their addresses set forth below:
If to the City:
Planning Director
City of Anaheim
200 South Anaheim Blvd.
Anaheim, California 92803
If to Disney:
Walt Disney World Co.
Attn: President, The Disneyland Resort
Team Disney Building
700 Ball Road
Anaheim, California 92803
- with copies to:
City Attorney, City of Anaheim
City of Anaheim
200 South Anaheim Blvd., Suite 356
Anaheim, California 92803
with copies to:
General Cmmsel
Disneyland
700 Ball Road
Anaheim, California 92803
Walt Disney World Co.
1375 Buena Vista Drive
Lake Buena Vista, Florida 32830
Attn: Executive Vice President
and General Counsel
6.15. Recordation. As provided in Government Code Section 65868.5, the City Clerk of Anaheim shall record a copy of this Agreement with the Registrar-Recorder of Orange County within ten (10) days following its execution by both Parties. To the extent that Disney Property consists of property Leased to Disney, this Agreement shall encumber only the leasehold interest and shall not constitute an encumbrance upon the estate in fee. Disney shall provide the City Clerk with the fees for such recording prior to or at the time of such recording.
6.16. Constructive Notice And Acceptance. Every person who now or hereafter owns or acquires any right, title, interest in or to any portion of the Disney Property, is and shall be conclusively deemed to have consented and agreed to every provision contained 65 I
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herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Disney Property.
6.17. Successors And Assignees. Subject to the limitations on transfer set forth in Section 6.8 of this Agreement, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, and their respective successors, assignees and transferees.
6.18. Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, the remainder of this Agreement or the application of such provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
6.19. Time Of The Essence. Time is of the essence for each provision of this Agreement of which time is an element.
6.20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and such waiver refers expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event.
6.21. No Third Party Beneficiaries. The only Parties to this Agreement are the City and Disney. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed to benefit or be enforceable by any other person whatsoever. 66 I
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6.22. Expedited Processing. Disney and the City agree to cooperate in the expedited processing of any legal action seeking specific performance, declaratory relief or injunctive relief, to set court dates at the earliest practicable date(s) and not cause· delay in the prosecution/defense of the action, provided such cooperation shall not require any Party to waive any rights.
6.23. Requests for Payment. With respect to any requests by the City for payment of amounts due under this Agreement Disney retains its rights to review any invoices or requests for payments submitted by the City pursuant to this Agreement. Disney shall review and reasonably approve such invoices or requests for payment or shall identify any disputed amounts within twenty (20) 'days after receipt. At Disney's request the City shall provide Disney with reasonable information or back-up material supporting such invoices or requests for payment. Disney shall have a right, at Disney's expense, to audit City books and records in connection with such invoices or requests for payment at City's offices, with reasonable notice, during business hours. In the event of any disputed invoices or requests for payment, Disney shall timely pay all amounts not disputed and the Disney Project Manager and City Project Coordinator shall expeditiously meet and confer to resolve any such dispute. If the Parties are unable to resolve such dispute, the City Manager and the Senior Disney Project Manager shall expeditiously meet and confer to resolve any such dispute. In the event that the City Manager and the Senior Disney Project Manager are unable to resolve the dispute, the Parties shall be entitled to such remedies as provided by Section 6.5.
6.24. Entire Agreement. This Agreement and the documents, agreements· and exhibits referenced herein or attached hereto set forth and contain the entire understandings and 67 I
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agreements of the Parties and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein and no testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceedings of any kind or nature to interpret or determine the provisions or conditions of this Agreement.
6.25. Legal Advice; Neutral Interpretation; Headings, and Table Of Contents.
Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question.
The headings and table of contents used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement.
6.26. Counterparts. This Agreement is executed in 6 duplicate originals, each of which is deemed to be an original. This Agreement, not counting the Cover Page, Table of Contents, consists of 69 pages and 12 Exhibits which constitute the entire understanding and agreement of the Parties. The Exhibits are identified in the List of Exhibits, which is contained in the Table of Contents of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
"City"
· CITY OF ANAHEIM, a municipal corporation of the State of California By:------------
Name: Tom Daly
Title: Mayor
'.'Disney"
WALT DISNEY WORLD CO., a
Delaware Corporation
By: -� __ ¾.L ____ 2....;:;;..-=-_Mtf......_....As:::::.=-_-_ Name: Paul Pressler
Title: President
Disneyland Resort
69 APPROVED AS TO FORM:
Jack White, City Attorney
By:------------
Name:
Title: City Attorney
DATE:
ATTEST:
________ , City Clerk
By:------------
Name:
Title:
DATE:
APPROVED AS TO FORM:
Counsel to Disney
By:------------
Name: Felicia Altmeyer
Title: Vice President - Legal
The Walt Disney Company
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
"City"
CITY OF ANAHEIM, a municipal corporation of the State of California By:------------
Name: Tom l>aly
Title: Mayor
LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
APPROVED AS TO FORM:
Jack White, City Attorney
By:-------------
Name:
Title: City Attorney
DATE:
ATfEST:
________ , City Clerk
No.519
State of V\ \r +otQi A } County of QR,..�E
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
bn \\}22.11, before me, ::::fp.n�J- L. HAt\Jt-LMok✓ Pqb(1'C:.. j
DATE NAME, TlllEOF OFFICER -E.G .• �E DOE, NOtARY PUBLIC" personally· appeared �At! I Pte 55 lett
NAME(S) OF SIGNEA(S)
· �ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personfet whose nam� islftre
subscribed to the within Instrument and acknowledged to me that hefsl 1eftl iey executed the same in hh,/lieifthe+r authorized
Though S1atute does not require the Nota,y to
fill in the data below, doing so may prove
invaluable to persons relying on 1he document.
0 INDIVIDUAL
6§ CORPORATE OFFICER(S)
, '.Jt,eside'l:1-:
TITLE(S)
0 PARTNER($) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE($)
0 GUARDIAN/CONSERVATOR
t • 0 • 0 0 0 • 0 0 0 0 0 0 *f c�pacftytie9t, an? that by hisfhei/tlielr ii s1gnature{eron the instrument the personEer, -@· :_L ,= � or the entity upon behalf of which the
i -_,,; . Notary PIA:,llc - Calfomla ! personEs;. acted, execute.d the instrument. :.:1 J ··· , · Mvc=.=�s. 1994 I WITNESS my hand and official seal. 0 OTHER: _______
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
· Oisnqlend �£sat+ ;.;Iii + ♦ • • • e e • • • • o o _o ��• • L) I � SIGNA�ARY ?J
, -------------•-- OPTIONAL SECTION�------------
' I
THIS CERTIFICATE MUST BE ATTACHED TO
:THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
I
TITLE OR rvPe oF oocuMENT O!=Vi\bfmeo:f: A�t1a=meo+ 'lt.-ol NUMBER OF PAGES b'f DATE OF DOCUMENT _________ _
SIGNER(S) OTHER THAN NAMED ABOVE __ -____________ _
©1993 NATIONAL NOTARY ASSOCIATION• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 o,
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
"Cityu
CITY OF ANAHEIM, a municipal corporatio·n of the State of California By:------------
Name: Tom Daly
Title: Mayor
WALT DISNEY WORLD CO., a
Delaware Corporation
By:------------
Name: Paul Pressler
Title: President
Disney land Resort
69 APPROVED AS TO FORM:
Jack White, City Attorney
By:------------
Name:
Title: City Attorney
DATE:
ATTEST:
City Clerk
By:------------
Name:
Title:
DATE:
APPROVED AS TO FORM:
Counsel to Disney
�- By:
Nam�ye,
Title: Vice President - Legal
The Walt Disney Company
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IN WITNESS WHEREOF,. the Parties hereto have executed this Agreement as of the date first written above.
"City"
.•.... ·.·.·.·
.• . .CITY OF ANAHEIM, a municipal corpo
. · ·,: ·:,:-:,:,:-:,ration of the State of California li:i:i:-,:�: � ::::::::::)ff:- . 0 t7"n___ J I ........ By. -+-------.;..._=""-'-------¥----
.:-:->:->:,>Name: 'Tom Daly
Title: Mayor
APPROVED AS TO FORM:
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�ATTEST'J.. � ,-City
�-
Clerk
· "Disney"
WALT DISNEY WORLD CO., a
Delaware Corporation
By:------------
Name: Paul Pressler
Title: President
Disneyland Resort
69 By:------------ Name:
Title:
DATE:
APPROVED AS TO FORM:
Counsel to Disney
By:------------
Name: Felicia Altmeyer
Title: Vice President - Legal
The Walt Disney Company
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
) ss.
)
On November 22. 1996 , before me, Sandra L. McNeff
(Name And Title Of Officer)
personally appeared -�-"------• .,L-=-"{=-��...,--__________ □ personally known to me
-or-
[8] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRrPTlON OF ATTACHED DOCl,!MENT □ Individual
□ Corporate Officer
Title(s) Title Or Type Of Document
Partner(s) □ Limited
General
□ Attorney-In-Fact
□ Trustee(s) Number Of Pages
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXIDBIT A
Conditions of Approval
The Conditions of Approval enclosed were adopted by Resolution No. 96R-177.
A- 1
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ATTACHMENT 11111
AMENDED AND 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 Octobers· ,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,
ELECTRICAL
- improvements, or other modifications within the
existing Disneyland Theme Park.
d. Second Theme Park; A gated theme park planned
south �f the existing Disneyland Theme Park.
l. 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 rightof-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:
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A.
B.
As a result of increases in right-of-way, where
electrical and colnl!lunication 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.
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. 7.
8. 9.
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.
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.
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.
That all storm drain, sewer and street improvement plans shall be designed and improvements constructed to the
satisfaction of the City Engineer.
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 µnt�l 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. o "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 toot 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 maint�nance due to graffiti or other aesthetical considerations shall be limited to daytime hours of
operation between 7:00 a.m. and a:oo 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 shali 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 marke� Exhibit A, Amendment No. J.
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 PreFile 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
perinits.
32. That except within the Theme Park District, prior to final building and zoning inspections, all plumbing or other
similar pipes and fixtures located ori 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 offsite areas shall be architecturally accented to portray a finished look.
�6. 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.
POLIC�
40. That with th� 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 MAINTENANC�
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 s.o, "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
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approval of the City Traffic and Transportation Manager.
All access points shall be in substantial conformance with the District Concept Plans in Section s.o, "Design Plan", of the Specific Plan document.
48. That prior to approval of each Fihal 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 perm.it, 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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54. 55.
56. 57.
58. 59.
right-of-way dedication and/or Master Plan of Arterial
Highway facility construction.
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.
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.
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.
Intentionally deleted in connection with the adoption of Ordinance No. 5377.
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.
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 401 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 11 I
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66. 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.
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 a, 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 12 I
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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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EXHIBIT B
Disney Property
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\ Legend
.... .=�-... ��"!1111 ... .a,liii�_i=J:::,--�- [ · · -:-:-...:.i Anaheim Resort Boundary
Anaheim
ccnventlon
Center
c===I Disneyland Resort
. Specific Plan
lW
Boundary
'"""h--"""'-_· -"""","""' Disney Property
EB North
I
�---�---�--�-..,_-......,.,__� Conwmnor, Way I i
PaclflcoAvenue
. ··-·
Disney Property
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EXHIBIT C
Disneyland
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Land Use
Existing Disneyland
-Planned Disneyland
and Back-of-house
Uses
Disneyland Parking
Administration
Building
Administration
Building Parking
Disneyland
Existing &
Proposed
Development
2,600,000 square feet
900,000 square feet
19,000 spaces•
475,000 square feet
2,300 spaces
• or in compliance with parking requirements of The Disneyland Resort Specific Plan C-2
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:--·-··1 .. convenflcn
Anaheim
Centet
Legend
[ · • -:-:-...:.i Anaheim Resort
Boundary
c===· Disneyland Resort
·specific Plan
1---- . .. . � . . .
t ..... .
__ J.::::::
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............. -, ... .,...
Boundary
North
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Disneyland
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EXHIBIT D
Existing Hotel Rooms
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Disneyland Hotel
Disneyland Pacific Hotel
Existing Hotel Rooms
Existing Hotel Rooms
1,136 roo�•
502 rooms
• Approximately 145 of these Existing Hotel Rooms· are to be demolished in connection with the Opening Day Project, and may be rebuilt or replaced by Disney in accordance with Section
3.2.1.3 of this Agreement.
D-2
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EXHIBIT E
Mitigation Monitoring Program
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- ... - - - - - .. - .. - - - -
MITIGATION MONITORING PROGRAM NO. 0067 AS MODIFIED ON
(INCLUDING PROJECT DESIGN FEATURES) FOR
THE DISNEYLAND RESORT SPECIFIC PLAN
- - .. - ..
• 1996
CEQA Action Environmental Impact Report No. 3t 1 (Resolution No. 93R-107); EIR Addendum (Resolution No._) Project Description General Plan Amendment No. 331 and Specific Plan No. 92-1 (including Zoning and Development Standards, Design Guidelines, and a Public Facilities Plan).
Applicant The Walt Disney Company, 500 South Buena Vista Street, Burbank. California 9IS2J.
Contact: Douglas M. Moreland, Disney Development Company.
Project Location The project site is located along tho westerly side of Interstate S (l-5). Ball Road on the north and Katella A venue on the soul h are the major east-west thoroughfares crossing the Specific Plan area. Harbor Boulcyard is the main north-south thoroughfare running through the Specific Plan area. 1-S abuts the northeastern edge of the project site.
Tenns and DeOnlllollS
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2. 3.
4. s.
6. 7.
8. 9.
Applicant• The Wale Disney Comp1Gy, ks &IICCC:ISOrl 11114 uslps.
Proper1J Ownern>eweloper • Ally owner or devclopct or RI! property widua 'Ille Disneyland Rcsoit Specific Plan area. includina the C-R Overlay Aiea and District A.
Dlsneyl11Dd Resort • The Dbneyland Rc,on, iadudlas a 1ccoad &l!Od theme park, modifiadons to 1hc Dhneyl111d Hole!. 1 new Disneyh111d Administnlion Building, new ho1els, cn1cr1ainmcn1 are� s. illkmal uanspotWloa 1ystem1, public parldac tadlldca la Iha Puti&IJ, 11icmo itad: ud H«c:t Dlscricts, and the South ParlunJ An:a lo the FUlum Eli:pllllSiOn District. None of 1hc: mitigalion measures or project dcslp reatwu coataiacd bcccln diaU bo n:qultcd to be implemented prior to luuancc of any pennlts Cot or construclton of new 1lruc1ure1, improvements. 11r other modifications within 1hc e �isling Disneyland theme pule.
Second Theme Park • A ailed Iheme put pllDIICd aoulh of tho elWlillJ Disacyl&nd Iheme put.
Fuhlrc Exi>ansloo Dlslrlct • Tbo Putwe Exp.mdoa ·Dlslrict It a 24.7-ICIC area south of Katella Avenue which Is proposed primlrily for development as the South Packing Area (1he Fulun: E�pansion District iacludea a oac-ac.o puccl whfcb b 1ovcnied by die C-R Overlay).
Project Desi'° Featura (PDFs) • Meuwa IDeoQ!Ollted lato The Dlsoe�� Resort project by lbc applicant with the Intent of minimi&in1 potential environmenlal impacts. The project design l"ea1ures i11eludcd ill 1bit Mlticltioa M01111oda1 Pnipam wllfbo lmptcmcalcd • mi a meuwu •.
Environmental Equlntenvt1mln1 • Ally Projcc:t Dcslp Featum or Mldpdo11 Meuwa and timlnJ !hereof, subjcctto 1hc approvlll of the City, which will have the same or superior result and will ha vc lhc same or auperior crroc:c 011 lhi ea� '111D PfualaJ Dc�c, fa eonjuacc.lon with any appropriale a1encle1 or Cicy departments, shall de1crmine lhe adequacy or any proposed "cnvlronmcnlal cqulvali:nthlmln&" and, If dctcrmlQCd acec.&1a,y, may refer said delChnlnallon lO the Plannlnc Commission. Any cosls associated wl1h infonnalion required in order 10 make Q dclcnnlniulon of cnvlroamcnlal c,qulvalcoey him.Ins shall ba bomo by Iha appllCIIIIL �upoaslb1Ut1 tor MaaJtarlai. Sbll mcaa that complilnco with the IUbject millptloa nicasuie(s) shall be reviewed and detennined adcquale by all depnrtments listed for each miliga1ion measure.
Ongoing MidgaUon Measures - The mltlptlOA meas� that ue deslpatcd to occur oa ,n ongoia& bails u part of this millgation monhoring program will be moniton:d in the fonn or 811 annual lcncr from lhe propedy owaet/dcvelo�r and/or appllc:ant ia Juuwy of each year stating how c:ompllaace with the ,ubjcct measwc(s) has been achieved. Mitigation MellSun:s ire rc(erenced in par�nchescs by their section number as identified In the Draft BIR. Mlll&adoo Mwwa 111dfor P'fojcct Desian Fcalo,es cleJi1n11cd to occur on an ongoins bads arc noted with an a.<lerisk.(•). When co111phancc wi1l-i a mit.i,ation mea5Utt/projecl deslcn (eatun1 .bu bc:cil dcmomtratcd (or a pedod of one year, monltorinc of the mitigation measure/project design fca1ure will be deemed 10 be satisfied and no funi\er mo1111orin1 will occur. For mltiJUion IJICISlliaiptojcct design fcatun::s chat are to be monltoRd "Ongolnc During ConstlUcdon", the annual lctlcr will review those miliga1ion mcas1m:s/projec1 design reatures only while construedon Is occusrinr, momiodn1 will be discontinued aner COllslrllctlon Is c:omplete. A final annual letter wilt be provided al the close or construction.
AttACBMENT A
- - - - .. - - - - .. - - - - - .. - -
THE DISNEYLAND RESORT SPECIFIC PLAN 2
Timing Measure Responsible
. for Monitoring Completion
10. The City recognizes that the ccnaln infrastructure Improvements and Improvements to lefVicc capabUitles, u identified in this Mitigation Monitoring Program, will serve not only lhe applicant bul also other property ownen/developen In the Speclfte P1111 area, the Anaheim Resort, and lho sonlcc lfflo each or which should conlributc Its allocable share of the cosl or lhese improvements. To implement this rcquilement u It applies to other property ownenldcvclopccs in the Specific Plan uca. the Anaheim Resort. and the scrviec area, the Cily shall, and shall make appropriate an-angemenls with 01her public agencies, tr any, to reimburse tho applii:ant to lhc extent dlll ha contributions ror these Improvements exceed the applicant's allocable share of the cost. Such arrangements shall Include one or more or the rollowin1: (I} crcatloo of intcpatc:d fillllldf1 districls; (1) enlly into a rcilllbunement agreement with tho applicant: (3) creation of appropriate community facilities discriccs, assessment districts and/or lhe use of similar public fiAuciA1 distdell and/or mechanisms; and (4) creation or such other mechanisms or dislricta as may be appropnalc 10 provide Cor the ieimb11uemen1 of these costs.
The dc1ennlna1ion of 1he allocable dwo or ID1pmvemcnt costs auribullblc to the applican1 and other property owners/developers, and ielmbu.rscmcnt amounts, shall be based on an appot1ionmen1 of the costs or such improvements and cqulpmcot ud pcnoaacl amoa1 propclty ownets/devclopen, includin1 thc applicant, In the Spccinc Plan area. the Anaheim Resod, or otherwise defined service area, as applicable, dcpendin1 oa the Itel ,c,ved.
I l. To the extent that this Millption MonJtoria� Propam requires tho applicant to submit pllllS for 1evcol phasu simultaneously, it Is undcmood 1ha1 such later phase plans may be considered prelimin:iry and may be subject to chaogo. Such pie� plau for the Iller phue.wW not be requbed 10 provide lhc level of detail required for the Initial phase plans provided that more *laifed plans will be submhted scpanlely II a Iller time. Ncvenbeleu, such prellmhwy plans for the later ph■sc.1hall provide 1ufliclcn1 schematic or descriptive detail to ensure that plans subm.ined for said later phase shall comply with the provlslon.s oflhi1 Millpdoa Monifoda1 Pro,nm ud sbaJl be consistent with the provisions or the initial phase plans.
11. Timing• This Is the point were a mid11llon meuwdproject dcslp feature must be monhoRd for compliance. In the case where muhiple action items an: indicated, it is the first point where compliance associated with the miti1adon mcuurc/projcct dcsl1n fcaturo must be moclilored. Once 1he Initial action Item has been compiled wilh, no addilional mooiloring pursu11Dt 10 lhe Mitigalion Moni1oring Program will occur, u roulinc City practlcc:s and l)fOCCdura will c:iuurc that tho intent of 1ho IIICUURldcslcn feature ·tias been complied wilh. For example, Ir the timing is �,o be shown on approved buildins plau" lllbscquc:nl lo iuuanc:c of die bulldin1 pcmul eondstcnt with the lpJKoVcd plans will be final bulldlnc and zoning Inspections punuanl 10 the buildinJ pennil to ensure compliance.
13. Building Permit - For purposct of this Mllicadoa Monitoring Program, a buildln1 pennlt shall be defined u any permit Issued for consuuction of a new building or st111ctunl expansion/modification of any existins building, but shall aot Include any perml11 iequltcd rorinterior tenant lmprovemtnll or minor additions to an exis1in1 s1.n1e1111e or building.
14. Note: Mi1igation Measure No. 3.3-7 and Project Desiga Pealun: 3.3-161¥1:re lnlcnlionallyomllted prior 10 the June 12, 1993, adoption of Millgatlon Monitoring Program No. 0067 per City Council Resolution No. !illR-107.
Revised 9/24/96-dismmp)a. wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 3
Timing Measure Responsible for Monitoring Completion
LAND USE-RELATED PLANS AND POLICIES
Varies The appllcant shall implement all project design features or The Planning Department, their environmental equivalent. The City of Anaheim in conjunction with any Planning Department will ensure compliance through the appropriate agencies or City mitigation monitoring process. (3.1-1) Departments, shall determine the adequacy of
: any proposed environmental
equivalent.
Prior to Issuance of Each Building plans shall be submitted by the property Planning Department.
Building Permit owner/developer and will be reviewed for consistency with Planning and Building the Specific Plan. (3.1-2) Divisions
Prior to Approval of Each The proposed project shall be implemented based on the Planning Department.
Final Site Plan or Issuance of guidelines and standards in The Disneyland Resort Specific Planning Division Each Building Permit, Plan, which includes zoning and development standards, Whichever Occurs First design guideJines. and a Public Facilities Plan. All development proposals within The Disneyland Resort
Specific Plan-area must be consistent with The Disneyland Resort Specific Plan and the City of Anaheim General Plan. (PDF 3.1-1)
LAND USE COMPATIBILITY
Varies The applicant shall implement all project design features or their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
Refer to Note #7 on page l.
mitigation monitoring process. (3.2-1)
Prior to Issuance of Each For parking facilities associated with the Hotel and Parking Planning Department, BuiJding Permit Districts, the property owner/developer shall submit plans Planning Division detailing the setbacks for the parking structures and
landscaping plans which minimize compatibility impacts of the parking facilities on surrounding areas, consistent with Section 5.8 of the Specific Plan. (3.2-2)
Revised 7/31/96-dismmpJa. wp
.. .. .. .. - - - - - -·---------
THE DISNEYLAND RESORT SPECIFIC PLAN 4
Timing Measure Responsible for Monitoring Completi
Prior to Approval of Each Applicant. shall submit documentation that project design Planning Department, Final Site Plan or Issuance of features are in compliance with all building setbacks, height Planning Division Each Building Pennit, standarcM, landscaping requirements, and design guidelines Whichever Occurs First as specified in Section 7 .0 of Appendix B, The Disneyland Resort Specific Plan. (PDF 3.2•1)
TRANSPORTATION AND CIRCULATION
Varies The applicant shall implement all project design features or Refer to Note #7 on page I. their environmental equivalent; The City of Anaheim
Planning Depaitment will ensure compliance through the
mitigation monitoring process. (3.3-1).
Prior to Issuance of Each Appropriate traffic signal assessment fees shall be paid by Planning Department, Building Permit the property owner/developer to the City of Anaheim in Building Division, Public amounts detennined by the City Council Resolution in Works Department, Traffic effect at the time of issuance of the building permit or credit and Transportation Division given for City-authorized improvements. (3.3-2)
Revised 7/31/96-dismmpJa. wp
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THE DlSNEnAND RESORT SPECIFIC PLAN 5
Timing Measure
Prior to Approval of the First The property owner/developer shall irrevocably offer for Planning Department, Final Subdjvisfon Map or dedication (with subordination of easements), including Planning Division; Public Issuance of the First Building necessary construction easements, the ultimate rights-of- Works Department, Pennit (Other Than for Phase way (as indicated in the General Plan Circulation Element, Development Services I). Whichever Occurs Fust; Or as amended per GPA No. 331) for the following arterial Division; City Attorney's Pursuant to a Mutually highway/street half-sections (where the property Office Agreed-Upon Schedule for owner/developer owns only one side of the ultimate right-of Dedication and Public way) or full-sections (where the property owner/developer Improvements owns both sides of the ultimate right-of-way) on or adjacent to parcels under its ownership to the City of Anaheim:
- a. Katella A venue (to ultimate 8-lane facility)
b. Walnut Street
c. West Street/Disneyland Drive
d. Ball Road
e. Harbor Boulevard
f. Freedman Way
g. Clementine Street
h. Manchester Avenue
i Cerritos A venue
j. Haster Street
(3.3-3A)
Revised 8/19/96-dlsmmp3a. wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 6
Timing Measure Responsible for Monitoring Completion
Within 120 Days of Acquiring If, after the initial dedications, any additional parcels are Planning Department, Properties Adjacent to Arterial acquired by the applicant adjacent to the artenal Planning Division; Public Highways/Street Intersection highway/street intersection half �sections included in {3.3- Works Department, Half Sections included in (3.3- 3A), the applicant shall notify the City in writing of said Development Services 3A) acquisition and the ultimate rights-of-way for said Division; City Attorney's properties shall be irrevocably offered for dedication to the Office City of Anaheim. (3.3-3B)
Prior to Issuance of Building The applicant shaJJ provide a cast guard entrance 150' south Public Works Department, Completed Permit for the Disneyland of Ball Road at the entrance to the Disneyland Traffic and Transportation Administration Building; to be Administration"Building with three inboun<J and a minimum Division implemented prior to final of two outbound lanes to minimize queuing onto Ball building and zoning Road. (3.3-4)
inspections for the Disneyland
Administration Building
Prior to approval of the First A phasing plan shall be submitted for review and approval Public Works Department, Grading Plan for each phase to the appropriate City Engineer in Anaheim and/or Garden Traffic and Transportation of the Disneyland Resort Grove (for improvements within Garden Grove) Division demonstrating how the improvements shown in Table 3.3-
16, as approved by the City Engineer, will be constructed. . (3.3-5)
Revised 7/31/96-dismmpJa.wp
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TABLE 3.3-16
SECOND THEME PARK MITIGATION PLAN
Location Descriotion of ImDrovement4
•
I. Project Desie:n Features-
A. Streets
West Street Ball Road Overcrossing
West Street (Katella Avenue to Ball Road) Realignment and reconsttuction Freedman Way (Harbor Boulevard to Widening
Clementine Street: Clementine Street to I-S)
Ocmentine Street (Freedman Way to Katclla Widening
Avenue)
Walnut Street (Adjacent to strawbcny field and Widening median from Katella Avenue to Ball Road)
Cerritos Avenue (Walnut to West) Realignment and reconstruction B. Intersections
Complete redesign
Complete redesign
Ball Road/West Street/Disneyland Drive
Harbor Boulevard/Freedman Way
Anaheim Boulevard/Freedman Way Add 3rd through eastbound and westbound, 2nd leftrum eastbound Clementine Street/Freedman Way
• Walnut Street/Cerritos Avenue (N)
I Walnut Strcct/�erritos Avenue (S)
II. Mlti23tion MeasuresAnaheim Boulevard/Ball Road
Euclid Street/Ball Road
Harbor Boulevard/Chapman Avenue
Walnut Street/Ball Road
3rd through eastbo1111d and westbound, left-tum eastbound and westbound. remove right-tum northbound. and left tum southbound. 2nd through northbound and southbound
Realign
Reconfigure
Baseline
Add 2nd left-tum
northbound. southbound
-Add 2nd left-tum northbound.
southbound
Add 2nd left-tum eastbound and
westbound, remove right-tum
eastbound and westbound
Add eastbound throuirh
Project
Add right-tum westbound
Add 2nd left-rum eastbound, and
�und
westbound, remove right-tum
Add 2nd left-tum northbound and
southbound, remove right.turn
southbound
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TABLE 3.3-16 (continued)
Location
III. Katella Avenue Smart Streetlt
Katella Avenue/West Street/Disneyland Drive
Euclid Street'Katclla A venue
Harb.or Boulevard/Katella Avenue
Anaheim BlvdJHaster Stteet/K.atella Avenue
IV. t.s Improvementf:
1-S Southbound at West Street
V. Ibe Dfsnevland Administration
Buildini Miti11Uon Plan;
Anaheim Boulevard/Ball Road
West Street (N)/Ball Road
Ball Road/DI.AB Driveway
VI. South ParkiQI Area·
Clementine Street/Katclla Avenue
Huter Street, south of Katella Avenue
Description ot Imorovement11•
Add right-tum westbound
Add 2nd left-tum eastbound, westbound
Add right-tum southbound
Add right-tum eastbound and westbound
Mixed-flow off-ramp
Add a westbound right-tum lane
Restripe/redesign the existing westbound right-tum lane to a shared right-through lane
Redesign tho westbound left-turn lane to provide 150 feet of dual lane storage or 250 feet of single lane storage and the eastbound right-mm lane to provide 250 feet of storage
Redesip the DLAB entrance driveway to provide tmec inbound lanes and a minimum of two outbound lanes. with its own parking entrance gate at approximately 150 feet south of the intetseetion property
South half-width of six Jane arterial adjaccnt to applicant-owned plus eastbound right-tum only; dual left-tum lanes eastbound and westbound
West half-width of ultimate six lane anerial south of Katelta Avenue to the SOUChcm property line of the South Parking Area, plus 150 foot right-tum only lane to right-in only driveway at South Parking Area accc:ss
Further improvements, if necessary. to tnaintain Clementine Street/KateUa Avenue intersection at not worse than LOS D shall be constructed to the satisfaction of the City Engineer
a. Refer to Section 3.3.3, Project Design Features, for a more detailed description. b. Eligible Katella Smart Street improvements are scheduled to be funded from Measure M. c. Cunendy proposed as part ofl-S widening project.
d. Ultimate right-of.way and improvements details will bo cocxdinated with the applicant and will be set forth in the final improvement plans to the satisfaction of the City Engineer. -----------�-------
THE DISNEYLAND RESORT SPECIFIC PLAN 9
Timing Measure Responsible' for Monitoring Completion
In accordance with the timing Excluding the Disney Administration Building, relocation of Public Works Department, set forth in the phasing plan the SCE transmission lines and demolition, but including Traffic and Transportation the Soutli Parking Area, the applicant shall mitigate Division (through constructing or paying the actual total costs for consultant/contractor services for preliminary and final engineering. soils analysis. right-of-way acquisition,
demolition, relocation, construction and inspection, and other related expenses) the traffic impacts of the Disneyland Resort by implementing the improvements identified in
Table 3.3-16, ilS approved by the City Engineer, in
accordance with the phasing plan approved by the City
Engineer. .
'
If the City of Anaheim adopts a traffic impact fee, as
discussed in Section 3.3.1.3 of the EIR, funds collected under this program with nexus to these improvements may be used to reimburse the applicant for the portion of the baseline improvements (as identified in Table 3.3� 16) which exceed the project share of the improvements.
Improvements otherwise funded by public sources prior to approval of the Final Site Plan for each phase will be
deleted from project participation. (3.3-6)
Revised 7/3 J/96-dismmpJa. wp
-------------------
THE DISNEYLAND RESORT SPEClflC PLAN
Timing
In accordance with the
Approved Phasing Plan
In accordance with the
Approved Phasing Plan for the
Disneyland Administration
Building
Revised 7/3 l/96-dismmp3a.wp
Measure
The following improvements are required:
• Add eastbound and westbound dual left-tum lanes and an eastbound right-tum lane to the Clementine Street/K.atella Avenue intersection, with a storage length of 200 feet
accommodating six lanes on Katella Avenue with a 24-
foot wide median tapering to 4 feet med�an nose through the left tum pockets.
• Add a southbound right-tum pocket to the right-tum-inonly entrance to the South Parking Area on Raster Street, with a storage length of 150 feet; and. provide west halfwidth of ultimate six lane arterial south of Katella A venue to the southern property line of the South Parking Area. (3.3-8)
The foJlowjng improvements shall be required:
• Add a westbound right-tum lane at Anaheim
Boulevard/Ball Road.
• Restripe existing left-tum lane westbound to provide a minimum of 150 feet of dual lane storage or a minimum
of 250 feet of single-lane storage at Ban
Road/Disneyland Administration Building driveway.
• Provide an eastbound right-turn pocket with 250 feet of storage at Ball Road/Disneyland Administration building driveway.
• Redesign the Disneyland Administration Building
entrance driveway to provide three inbound and a
minimum of two outbound lanes, with its own entrance
gate located a minimum of 150 feet south of the
intersection at Ball Road/Disneyland Administration
Building driveway.
(3.3-9)
to
Responsible for Monitoring Completion
Public Works Department.
Traffic and Transportation
Division
Public Works Department,
Traffic and Transportatiou
Completed
Division
----------�--------
THE DlSNE\1.AND RESORT SPECIFIC PLAN
Timing
Prior to demolition of the
existing Disneyland parking
lot, replacement parking for
the existing Disneyland Theme
Park parking spaces removed
will be constructed; Prior to
Final Building and Zoning
Inspections for the Second
Theme Park. the West Parking
Area will be Constructed
To be Shown on Street
Improvement Plans; to be
Implemented Prior to Final
Building and Zoning
Inspections for each the East
and West Parking
Structures/Facilities
Revised 7/31/96-dismmpJa.wp
Measure
Access Improvements and Public Parking
Facilities Included In Project Design (Exhibits 3.2·2
and 3.2�3)
Public Parking Facilities. New public parking facilities will be constructed at opposite sides of The Disneyland Resort Specific Plan area to receive traffic from the 1.s. At Phase II, Code required parking will be provided; At buildout of Phase m, a minimum of 24,500 guest and cast parking
spaces will be provided. The West Parking Area will be
oriented to receive southbound J.5 traffic, and the parking facilities in the southern areas of the Theme Park and Hotel Districts and/or East Parking Area will be oriented to receive northbound 1-5 traffic. (PDF 3.3-1)
Improved Access. Access roads leading up to the parking facilities shaU be sized to accommodate traffic at peak hours, thereby substantially reducing the likelihood of backups onto City streets and freeway ramps.
Guest vehicles will enter and exit the West Parking Area via the proposed extension of West Street/Disneyland Drive.
Cast access will enter and exit either at West
Street/Djsneyland Drive or via a single access on Cerritos Avenue with righMum in and lefMum out only. No cast or
guest access or egress will occur from Walnut Street.
(PDF 3.3-2)
It
Responsible for Monitoring Completion
Public Works Department,
Design Division
Public Works Department,
Design Division
.
-------------------
THE DISNEYLAND RESORT SPECIFlC PLAN
Timing
Prior to Issuance of each
Building Pennit; to be
Implemented Prior to Final
Building and Zoning
Inspections for both the East
and West Parking Structures
To be Shown on Street
Improvement Plans; to be
Implemented Prior to Final
Building and Zoning
Inspection for Each Parking
Structure and/or Facility
To be Shown on Street
Improvement PJans; to be
Implemented Prior to Final
Building and 2.oning
Inspections for the Second
The,ne Park for Phase II; and
if pursued, to be Implemented
Prior to Final Building and
Zoning Inspections for the
East Public Parking Structure
or Other Accessible Location
in Phase Ill.
Revised 9/24/96-dismmpJa.wp
Measure
Speed Parking. Building plans shall show direct ramps to each level of the East and West Parking Area facilities to minimize internal circulation within the garages and
accommodate the project's "speed parking" operation. (PDF
3.3-3)
:
Cooveyancg Systems. In addition to an extensive network of landscaped pedestrian thoroughfares, conveyance
systems will transport Disneyland Resort guests around the project. Guest transP.ortation systems wiU move guests
from the Jarldng facilities to the Theme Park District. The monorai guest transportation systems shall move guests
from the Hotel District to the Theme Park District. Future connections may also be provided to the Future Expansion District. (PDF 3.3-4)
.
Theme Park Dmp-Off Area. To provide access to the
attractions in the Specific Plan area to people staying outside· of The Disneyland Resort area. a bus and shuttle drop-off aJCa will be located adjacent to Harbor Boulevard north of Freedman Way in Phase Il as shown on Exhibit 4.4.2a of
the Specific Plan; or, in Phase m. the facility may be
located adjacent or internal to the East Public Parking Structure, or other accessible location in the Theme Park or Hotel Districts. The types of vehicles served at this facility may include public and private passenger shuttles and
buses. (PDF 3.3-5)
12 Responsible for Monitoring Completion
Planning Department,
Building Division
Public Works Department,
Design Division
Public Works Department,
Design Division
,
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Tirning
To be Shown on Street
hnprovement Plans; to be
Implemented Prior to the First
Final Building and Zoning
Inspections for the Second
Theme Park
To be Shown on Street
Improvement Plans; to be
Implemented Prior to Final
Building and Zoning
Inspections for the Second
Theme Park
Revised 7/31 /96-di smmp3a. wp
Measure
Roadway Improvements Included in Project
Design
I
J.5 -West Street/DjsneyJand Prive Southbound Mixed
FJow Offramp
A mixed-flow offramp currently proposed � part of the 1-5 widening project is planned from southbou·nd 1-5 to West Street/Disneyland Drive to replace the existing Ball Road offramp. (PDF. 3.3-6)
West Street/Disneyland Prive/Bait Road Overcrossing
(Exhibits 3.2-3 and 3.2-4)
To reduce congestion for vehicles entering the West Parking Area from 1-5, an overcrossing is planned at West
Slreet/Disneyland Drive and Ball Road. The intersection of West Street and Ball Road shall be constructed with a twolane flyover over Ball Road as a project design feature. The overcrossing would talce southbound 1-5 traffic exiting at West Streef/Disneyland Drive over Ball Road. and then
allow convenient access to the entrance of the parking
facility. The design of the Ball Road and West
Street/Disneyland Drive intersection, shall provide a north leg of three through lanes and two left tum lanes; a south leg of one right tum lane, two through lanes and one left tum lane; an east leg of three through lanes and two left tum lanes: and, a west leg of one right tum Jane. three through lanes and two left tum lanes.
Responsible for Monitoring Completion
Public Works Department,
Design Division
Public Works Department,
Design Division
13 -------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
To be Shown on Street
Improvement Plans; to be
Implemented Prior to Final
Building and Zoning
Inspection for the Second
Theme Park
To be Shown on Street
Improvement Plans; to be
Implemented in accordance
with the approved Phasing
Plan
Revised 7/31/96-dismmpJa. wp
Measure
This overcrossing may be one-way inbound in the morning, two-way ,during the afternoon, then one-way outbound
during the outbound peak. Access and egress points will be provided both north and south of Ball Road. Both the HOV ramp and the mixed-use off ramp at 1-S and West
Street/Disneyland Drive would have access to the
overcrossing. A full intersection at West Street/Disneyland Drive will still be provided at grade. When the
overcrossing is one-way, counter-flow movements can be
made along West Street/Disneyland Drive. (PDF 3.3-7)
West Street/Disnt:yland Drive Intersections and Tum
Pockets
To facilitate qaffic flow along West Street/Disneyland Drive between Katella A venue and Ball Road, signalized
intersections will be provided at major hotel entrances.
Appropriate tum pockets including double left-tum lanes and right-tum.only Janes will also be provided as needed to maintain accer.table service levels. West Street/Disneyland Drive itself will have two travel Janes in each direction. (PDF 3.3-8)
freedman Way Widening
The addition of the northbound HOV offramp at Freedman
Way and the realignment of the southbound onramp will
require the widening of Freedman Way between Harbor
Boulevard and Clementine Street; Clementine Street to I-5.
Three through lanes, where possible, and necessary tum
lanes in each direction will be provided. (PDF 3.3-9)
Responsible for Monitoring Completion
Public Works Department.
Design Division
Public Works Department,
Design Division
14 -------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Speed/Capacity Restrictions on Walnut Street
To be Shown on Street Between 'Cerritos A venue and Ball Road, Walnut Street will Improvement Plans; to be be improved adjacent to the strawberry field in accordance Implemented Prior to Final with the City of Anaheim General Plan Circulation Element.
Building and Zoning To discourage any increase in traffic on Walnut Street, the Inspection for the Second capacity of the road will be restrained, from Katella Avenue Theme Parle to Ball Road. Possible methods include narrowing the street entrances at Katella A venue and Ball Road and
replacing the existing signal with a stop sign at the existing intersection of Walnut Street and Cenitos Avenue. This
and other options will be evaluated, and· a plan to maintain the current character of Walnut Street will be developed. (PDF 3.3-10)
Cerritos Avenue Realignment
To be Shown on Street With the development of the Hotel District, Cerritos A venue Improvement Plans; to be between Walnut Street and West Street/Disneyland Drive Implemented Prior to Final will be moved up to approximately 1,100 feet to the north Building and Zoning and will be renamed. The new roadway will be two lanes Inspection for the Second wide and will be designed to discourage access from or Theme Park onto Walnut Street. Southbound left turns will not be allowed at the Walnut Street/Cerritos A venue intersection.
Westbound Cerritos Avenue left turns at Walnut Street will not be allowed. (PDF 3.3-1 l)
Revised 7/31/96-dismmpJa. wp
Responsible for Monitoring Completion
Public Works Department,
Design Division
Public Works Department,
Design Division
,
r
15 -------------------
THE DISNEYLAND RESORT SPECIAC PLAN 16
Timing Measure Responsible for Monitoring Completion
1-j-W�st Stn��t/Disn�xlaad Driy� SouthbQYDd HOV
Offramp
I
To be Shown on Street Caltrans' 1-5 Widening Project includes a new HOV Caltrans; Public Works Improvement Plans; to be offramp from southbound 1-5 to West Street/Disneyland Department, Design Implemented by Caltrans in Drive. This ramp would be built at the same time as the 1-5 Division conjunction with the 1-5 Widening Project. The ramp will bring high occupancy Widening Project. (The 1-S vehicles (HOVs) convenientJy from the HOV lane in the High Occupancy Vehicle median ofl-5 to the West Parking Area. (PDF 3.3-12) (HOV) Offramps are part of .
Caltrans' 1-5 Widening Project
and will be completed
independent of The
Disneyland Resort Project.
The HOV ramps were not
assumed in the analysis of
traffic impacts of the
Disneyland Resort and are not
required as a condition of the
opening or operation of the
Disneyland Resort.)
Revised 7/31/96-dismmpJa.wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 17
Timing Measure Responsible for Monitoring Completion
1-5/Freedman Way Northbound HOV Offramp
To be Shown on Street Caltrans' 1-5 Widening Project includes a proposed HOV CaJtrans; Public Works Improvement Plans; to be offramp connecting the northbound HOV lanes on 1-5 to Department. Design Implemented by CaJtrans in Freedman Way and an undercrossing of Anaheim Division conjunction with the 1-S Boulevard to Freedman Way. This ramp will cany a Widening Project. (The 1-5 substantial number of vehicles to the Bast Parking Area and High Occupancy .Vehicle remove them from Harbor Boulevard and Katella Avenue. (HOV) Offramps are part of
Caltrans' 1-5 Widening Project This ramp (shown in Exhibit 3.2-2 of Volume I of tlie EIR) and will be completed will allow northbound I-5 traffic to access the parking independent of The facility conveniently from the freeway and also provide Disneyland Resort Project. access for other vehicles to Harbor Boulevard. It will The HOV ramps were not improve the level of service of the section of Katella A venue assumed in the analysis of crossing 1-5. as well as the intersections of Katella A venue traffic impacts of the with Anaheim Boulevard, Raster Street, Clementine Street, Disneyland Resort and are not and Harbor Boulevard. The ramp is discussed in detail in required as a condition of the Appendix C-1, Volume ill. (PDF 3.3-13) opening or operation of the
Disneyland Resort.)
Revised 7/31/96-dismmpla.wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 18
Timing Measure Responsible for Monitoring Completion
Intersection Improvements Included in Project
Design
To be Shown on Street The following intersection improvements. which are Public Works Department, Improvement Plans; to be assumed in the analysis of project traffic. will be Design Division Implemented Prior to Final implemented unless otherwise indicated by the year Building and Zoning 2�1(0penin� of Second Th�me Park) as part of the project Inspection for the Second design that will enhance the overall performance of the Theme Park surrounding circulation system:
• Redesign and reconstruct the intersection of Ball
Road/West Street/Disneyland Drive to include an
overcrossing.
• Redesign the Harbor Boulevard/Freedman Way
intersection by accommodating three lanes eastbound and three lanes westbound through the intersection and
adding double left turn lane southbound. In Phase III.
the entrance to the surface parking lot may be removed. • At the intersection of Anaheim Boulevard and Freedman Way. add a third through lane eastbound and westbound
and a second left-tum lane eastbound, or equivalent
improvements as defined by Caltrans during the final
geometric design of the 1-5 interchange.
• At the intersection of Clementine Street and Freedman Way, add the following improvements or equivalent
improvements as defined by Caltrans during the final
geometric design of the 1-5 interchange:
-c third through lanes eastbound and westbound
- left-tum lanes eastbound and westbound
- second through lanes northbound and southbound
- left-tum lane southbound
- remove right-tum lane northbound
Revised 7/31/96-dismmpla.wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Final Building and
Zoning Inspection for the
Second Theme Park; and, ongoing during project operation Revised 8/19/96-dismmp3a. wp
Measure
• Reconfigure the Walnut Street/Cerritos A venue
inteisection
•
� Reconfigure the West Street/Disneyland Drive/Cenitos
Avenue intersection to satisfaction of the City Engineer. (PDF 3.3-14)
Transportation Demand Management Program
The need to miriimize cast vehicle trips to reduce congestion and improve rur quality, consistent with the goals of both the Air Quality Management Plan (AQMP) of the South
Coast Air Quality Management District (SCAQMD) and
with the Regional Mobility Plan of the Southern California Association of Governments (SCAG), is recognized. The
Disneyland Resort will implement and administer a
comprehensive Transportation Demand Management (fDM)
program for all cast, which will strive to achieve an average vehicle ridership (A VR) goal of 1.5 persons per vehicle and, an average length of out-of-area guest stay of 1.72 days, by 2001.
At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for the Disneyland Resort in meeting these goals. In addition, applicant will review annually with the City any changes to the TDM Program and the Program1
s
effectiveness toward achieving a 1.5 A VR. In consultation with the SCAQMD. the City of Anaheim and other
agencies. and after analyzing the effectiveness of these items, The Walt Disney Company will select specific
programs for implementation.
Responsible for Monitoring Completion
Southern California
Association of
Governments; South Coast
Air Quality Management
District; Public Works
Department. Traffic and
Transportation Division
19 -------------------
THE DISNEYLAND RESORT SPECIFlC PLAN
Timing
Revised 7/3 l/96-dismmp3a. wp
Measure
Objectives of the TDM program are:
• Increase rldesharing and use of alternative transportation modes by guests.
• Meet the cast 1.5 A VR target.
• Provide a menu of commute alternatives for the
Disneyland Resort cast, to reduce project-generated trips . • Provide transportation "linkages" to existing and future transportation modes ( other than single-occupant vehicle travel) for both the Disneyland Resort cast and guests.
Implementation strategies and elements of the TDM
program for cast and guest trips are described below.
Cast
Making a commitment to commute management and trip
reduction will become an integral part of the new-hire
training. A menu of TDM program strategies and elements for both existing and future cast commute options would be examined, including, but not limited to. the following:
• Qnsjte Seryjce. Onsite services. such as the food, retail, and other services may be provided to the cast.
• Ridesharing. A computer listing of all cast members may be developed for the purpose of providing a "matching"
of members with other cast members who live in the
same geographic areas and who could rideshare to the
Disneyland Resort.
20 Responsible. for Monitoring Comp1etion
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Revised 7/31/96-dismmpJa. wp
Measure
• Yanpooling. A computer listing of all cast members may be developed for the purpose of matching numbers of
cast who live in geographic proximity to one another and could comprise a vanpool to the Disneyland Resort.
• Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including
commuter rail) passes may be promoted:through financial assistance and onsite sales to encourage cast to use the various transit and bus services to the Disneyland Resort from throughout the region.
• Commuter Bus. As commuter "express" bus setvice
expands throughout the region. passes for use on these
lines may be provided for cast members who choose to
use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to the Disneyland Resort may be
generated. and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile.
• Bicycling. A Disneyland Resort Bicycling Program may
be developed to offer a bicycling alternative to cast
members. Secure bicycle racks, Jockers. and showers
will be provided as part of this program. Maps of
bicycle routes throughout the area would be provided to inform potential �icyclists of these options.
• Rental Car Fleet. A "fleet vehicle" program may be
developed to provide cast members who travel to work
by means other than an automobile with access to
automobiles in case of emergency. medical
appointments, etc. This service would help cast
members use alternative modes of transportation by
ensuring that they would be able to have personal transportation in the event of special circumstances. 21 Responsible for Monitoring Completion
,,
I
----------�----�---
TUE DISNEYLAND RESORT SPl!CIFIC PLAN
Timing
Revised 7/31/96-dismmp3a.wp
•
Measure
Gu111101"d Ride Hom, PrQgmm. The program may
provide cast members who rideshare. or use transit or
other lb.cans of commuting to work. with a prearranged
ride home in a taxi. rental car. shuttle. or other vehicle, in the event of emergencies during the work shift. In
essence, this program addresses the concerns of the cast member who rideshares and might be stranded without a
vehicle in the event of an emergency.
• Housing Coordinol2r and Rd\:rral emgmm nnd Ul9ill
Hiring Efforts. Continue to provide referral servlce to facilitate employees in finding housing and actively
recruit prospective employees residing within 30-minute commute shed.
• Targe1 Beduclian 2f Loo�st C2mrnyte IriR, Design an
•
incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips.
Work Schedule
-
-
Staggered Shifts. The Disneyland Resort cast may
work different hours throughout the daily hours of
park operation. A thorough review of cast shifts
would be undertaken to provide the potential for cast
shifts during nonpeak travel times, thus lessening
peak hour congestion.
Compressed Work Week,. The Disneyland Resort
may review the possibility of developing a
''compressed work week" program, which provides
for fewer work days but longer daily shifts, as an
option for cast members. This program would help
eliminate certain trips on certain days that would
otherwise be generated daily by the Disneyland
Resort Cast.
22 Responsible for Monitoring Completion _
- _, - ..., - - - - - - - - - - .. - - .. -
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
•
'
Revised 7/31/96-dismmpla. wp
-
Measure
Telecommuting. The Disneyland Resort employs a
variety of cast in different positions. cast members
inc!lude clerical, office support, and administrative
members. The Disneyland l{esort may explore the
c
ossibility of a tltelecommuting" program that would
mk some of these cast members to The Disneyland
Resort via electronic means (e.g .• computer with
modem). This would help to eliminate certain trips
that would otherwise be generated by a cast member
who would otherwise physically need to be at the
Disneyland Resort.
Work Environment/Facility Management
-
-
-
-
-
Parking Management. The Disneyland Resort may
develop a parking management program that provides
incentives to those who rideshare or use transit
means other than single-occupant auto to travel to
work.
Management Staff. The existing Disneyland theme
park transportation management staff may be
expanded onsite to accommodate new employees and
to explore relationships with adjacent employers to
detennine whether joint efforts can lead to greater
reductions in VMT by project employees.
Amenities. Transit systems. transit shelters, bicycle
storage areas; and other amenities may be provided
with efficient parking management for cast and
guests.
Access. Preferential access to high occupancy
vehicles and shuttles may be provided.
Deli:ve,y Management. Schedule deliveries in
nonpeak traffic congestion hours to the extent
reasonably practicable.
23 Responsible for Monitoring Completion
-�----�-----�-��-�-
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Revised 7/31/96-dismmpJa.wp
Measure
• Financial Incentives
In additidn to the above items, certain financial incentives will be integrated into The Disneyland Resort 1DM
program, such as:
-
-
-
-
Eiuao,ial In,eoUY� for Rid�12harlng sJnd/2r Publi�
Transit. Currently. federal law provides tax-free
status for up to $60 per month per employee
contributions to employees who vanpool or use
public transit (including commuter rail and/or express
bus pools). · ,
EiDi!D�iil In�ntiv� {or Bic)'.cling. Cast members
may be offered financial incentives for bicycling to
work; they would be provided with secure bicycle
racks, lockers, and showers.
Special "Premium .. fQ[ lb� eiu1iCi.(2i!fioo i!Od
fmm21i20 Qf Iri12 ReducU20. Tickets/passes to
project theme parks and/or vacations could be offered
to employees who recroit other cast members for
vanpool, carpool, or other Disney trip reduction
programs.
Delivety Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable.
24 Responsibl<! for Monitoring Completion
- -- - - - - .. - - - - .. .... :_ --- - -
THE DISNEYLAND RESORT SPECiFIC PLAN
Timing Measure
• Guests
Even though visitors are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from the Disneyland Resort. The applicant is currently
developing a list of potential programs and' is working with the City of Anaheim and OCT A on the provision of
convenient linkages to other modes of transportation.
Marketing materials for the Disneyland Resort will describe it as an "auto-free" zone with a range of.transportation amenities w_here cars are not needed. (PDF 3.3-15)
Transportation Management Association
Prior to �inal Building and Other measures to achieve trip reductions and other TDM Zoning Inspection for the program objectives will be explored. including the Second Theme Park fonnation of a Disneyland Resort Transportation Management Association (TMA). or an Anaheim Resort
Area TMA. To increase the likelihood of success of the
TDM program. cooperation among other groups and
businesses who either have existing 'IDM programs or have a need for TDM programming could be networked with cast participants. By expanding the number of participants in the various programs. more benefit in trip reduction is likely to be achieved. The TMA would be responsible for
matching cast and guest commute services;
marketing/promoting ridesharing alternatives (i.e.,
vanpooling, bicycling, etc.); and providing a "fair share" payment of local 1DM programs provided through the
1MA. (PDF 3.3-17)
Revised 7/31/96-dismmpla.wp
Responsible for Monitoring Completion
Public Works Department.
Traffic and Transportation
Division
,
I
Completed
25 - - ..... - - - - -· - - ---· --· - -· - .. -
THE DISNEYLAND RESORT SPECIFIC PLAN 26
Timing Measure Responsible for Monitoring Completion
AIR QUALITY
Varies The applicant shall implement all project design features or Refer to Note #7 on page 1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.4-1)
Prior to Issuance of Each .• The property owner/developer shall comply with all South Coast Air Quality Building Pennit SCAQMD offset regulations and implementation of Best Management District; Available Control Technology (BACI') for all pennitted Planning Department, new and modified stationary sources. Copies of pennits Planning Division shall be given to the Planning Departm�nt. (3.4-2)
Ongoing During Operation of The applicant shall implement the foJiowing measures to Public Works Department. the Disneyland Resort reduce emissions: Traffic and Transportation Division
1. To the extent practicable, schedule goods movements for off-peak traffic hours.
2. Use clean fuel for attraction rides and other uses, as practicable. (3.4-3*) .
Prior to Issuance of the First The applicant shall submit a site and operations plan for this Planning Department, Building Permit for the facility showing the location· and configuration of the on-site Planning Division Second Theme Park cast financial and dining services in confonnance with the Specific Plan.
Prior to Final Building and
Zoning Inspections for the The applicant shall provide cast financial and dining Second Theme Park services within the Theme Park District and Hotel District to accommodate cast members. (3.4-4)
Revised 7/31/96-dismmp3a.wp
--�--------�-�-----
THE DISNEYLAND RESORT SPECIFIC PLAN 27
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each The property owner/developer shall submit evidence that South Coast Air Quality Building Permit low emission paints and coatings are utilized in the design Management District; and constluction of buildings in compliance with AQMD Planning Department, regulations. This infonnation shall be denoted on the Building Division project plans and specifications. (3.4-5)
Prior to Issuance of the First The following will be achieved: (1) the 1.5 A VR target for South Coast Air Quality Building Permit for the Future all cast and (2) the average length of the out-of-area guest Management District; Expansion District, Excluding stay of 1.72 days, or a demonstration that the SCAG VMT Southern California the South Parking Area; and, reduction targets have been met through other means. Associatfon of Ongoing During Project (3.4-6) Governments; Public Works Operation Department, Traffic and
Transportation Division
Prior to Final Building and The project has been designed to reduce dependence on the Public Works Department.
Zoning Inspection for the private automobile, which will reduce and avoid many of Traffic and Transportation Second Theme Park; and the traffic-related emissions associated with the existing Division Ongoing During Project
Operation
Disneyland theme park, as well as those normally
associated with hotels and day-use only special event
activities. Guests will be encouraged to park their cars and leave them for the duration of their visits, thus eliminating the trips to restaurants and sightseeing, or entertainment attractions nonnally associated with vacation stays.
Marketing efforts in Southern California will promote the Disneyland Resort as a mini-vacation site for Southland residents. · (PDF 3.4-2*)
Revised 7/31/96-dismmpJa. wp
-����---�-��-----�-
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Final Building and
Zoning Inspection for the
Second Theme Park
In Accordance with
Transportation and Circulation
Mitigation Measures
Revised 8/ l 9/96-dismmp3a. wp
Measure
A wide range of entertainment, lodging, retail and restaurant attractions will be located within the project area and will be linked by an electrically powered monorail system,
pedestrian ways/guest transportation system to transport visitors from parking facilities to the Disneyland Resort, and/or pedestrian bridges, walkways and promenades. Convenient walkway access within the Hotel District and adjacent uses, such as the City of Anaheim: Convention
Center, will also facilitate pedestrian trips by non-project guests who will remain within the project area rather than use automobiles to travel to restaurants and entertainment outside of the area. (PDF 3.4-3)
The Disneyland Resort traffic will be accommodated, and existing traffic conditions and circulation patterns will be improved through implementation of the identified
transportation and parking features, including parking
facilities, monorail and pedestrian way/guest transportation systems and convenient access to par.king facilities from the freeway. (PDF 3.4-4)
Responsible for Monitoring Completion
Planning Department,
Planning Division
Public Works Department.
Traffic and Transportation
Division
28 - - .. --- ' .. - - - .. - .. .. - - - - - .. -
THE DISNEYLAND RESORT SPECIFIC PLAN 29
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Building All public day-use parking facilities. not including hotel. Public Works Department, Pennits for Each of the East hotel accessory uses or cast parking facilities, will have a Traffic and Transportation and West Public Parking crew of c'ast members. based on parking predictions. on Division Structures ; Ongoing During each lot or facility level, to I\SSist speed parking procedures.
Project Operation In addition, the East and West public parking structures will incorporate the following design features on each facility level, to assist speed parking procedures:
1. Signage designed to enhance smooth traffic flows and reduce traffic flows on each facility level.
2. Speed ramps which will talce cars dir�ctly to the level that has available spaces, thus eliminating circulation
movement and time involved with hunting for a space.
The speed parking striping and procedures cu1TCntly
used at the Disneyland theme park parking lot will be
adapted to use within the parking structures and will be designed to safely park 60 cars per minute. (Refer to
Section 7.0, Zoning and Development Standards, in The
Disneyland-Resort Specific Plan.)
3. Ceiling clearances and lateral clearances, an open well design, and enhanced lighting levels will eliminate the enclosed feeling of a standard garage. which tends to
slow drivers. (PDF 3.4-5*)
Revised 7/31/96-disrnmpla.wp
----------- - .. ". - .. " ------ -
THE DISNEYLAND RESORT SPECIFIC PLAN 30
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each Project design will incorporate the following energy-saving Utilities Department. Water Building Permit features. This energy savings will also contribute to and Electric Services reduced emissions:
1. Improved thennal integrity of structures and reduced thermal load through use of automated time clocks or
occupant sensors.
2. Efficient beating and other appliances.
3. Incorporation of appropriate passive solar design.
4. Proper sealing of buildings.
S. Use of drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting
water. (PDF 3.4-6)
Prior to Final Building and There wiJl be a special drop-off area on Harbor Boulevard Public Works Department.
Zoning Inspection for the north of Freedman Way, or internal or adjacent to the East Traffic and Transportation Second Theme Park Public Parking Structure, or other accessible location, for Division shuttle buses to help encourage use of buses by area
visitors. (PDF 3.4-7)
Prior to Final Building and The applicant will implement a comprehensive and Public Works Department.
Zoning Inspections for the aggressive Transportation Demand Management (I'DM) Traffic and Transportation Second TI1eme Park; Ongoing program for all project employees. (PDF 3.4-8*) Division during Project Operation
Revised 7/31/96-dismmpla.wp
---��-�---�--�---�-
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Varies
Ongoing During Project
Operation of the Second
Theme Park
Prior to Issuance of Building
Pennit for Amphitheater
Prior to Final Building and
Zoning Inspection for the
Amphitheater.
Within 9 Months of
Commencement of
Amphitheater Operations
Revised 7/31/96-dismmpJa. wp
Measure
NOISE
The applicant shall implement all project design·features or their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.5-1)
The applicant shall obtain (on an annual bru;is) a permit for use of fireworks. (3.5-2*)
Plans submitted for the location of the amphitheater will document that the facility is no closer than 2,000 feet from the nearest existing residence. The design and orientation of the amphitheater will be reviewed by a certified acoustical engineer; the applicant shall submit a report, for review and approval by the City, to ensure that noise from the
amphitheater does not exceed the noise levels established by the City of Anaheim Sound Pressure Level Ordinance.
(3.S-3)
A Noise Monitoring Program prepared by a certified
acoustical engineer shall be submitted for review and
·approval.
The applicant shall submit the results of the Noise
Monitoring Program conducted by a certified acoustical
engineer to ensure that there are no violations of the Sound Pressure Level Ordinance from amphitheater operations
outside the Disneyland Resort. If noise in excess of the Sound Pressure Level Ordinance is detected. the applicant shall modify operations within three days to bring the
Amphitheater into confonnance with the Sound Pressure
Level Ordinance. (3.5-4)
Responsible for Monitoring Completion
Refer to Note #7 on page I.
Fire Dep,artment
Planning Department, Code
Enforcement Division
Planning Department.
Building Division
Planning Department,
Planning and Building
Divisions
/
31 ---�--�---�--�-----
THE DISNEYLAND RESORT SPECIFIC PLAN 32
Timing Measure Responsible for Monitoring Completion
Prior to Approval of Each For hotels within the 70 CNEL contour from West Planning Department.
Final Sile Plan; to be Street/Disneyland Drive, the property owner/developer shall Building Division Implemented Prior to Final submit a noise study prepared by a certified acoustical Building and Zoning engineer identifying whether noise attenuation is required.
Inspections and defining any attenuation measures and specific performance criteria, if any such measures are required to comply with the Uniform Building Code. Ultimate noise
attenuation requirements, if any. shall depend on the final locations of such buildings and noise•sensitive room/uses inside the buildings. (3.5-S)
Prior to Issuance of Each For construction of the pubJic parking facilities, South Planning Department, Building Permit Parking Area facility, and any hotel parking facilities Building Division adjacent to residential areas, plans shall document that the driving surfaces shall be a textured surface to minimize tire squeal noise. (3.S-6)
Ongoing During Project Engine noise from sweeping equipment used in the pubJic Planning Department, Operations of the Second parking facilities, South Parking Area facilities and any Building Division Theme Park hotel parking facilities adjacent to residential areas shall be muffled. (3.5-7*)
Prior to Issuance of Each For structures that are adjacent to residential areas, the Planning Department, Building Permit; to be applicant shall ensure that all mechanical ventilation units Building Division Implemented Prior to Final are shown on plans and installed in compliance with the Building and Zoning Sound Pressure Level Ordinance. (3.5•8) Inspections
Revised 7/31/96.dismmpJa. wp
- - - .. - - .. - .. - - - --- - - - .. -
THE DISNEYLAND RESORT SPECIFIC PLAN 33
Timing Measure Responsible for Monitoring Completion
Ongoing During Project Lower noise-producing fireworks displays will be used at Planning Department, Code Operations the Second Theme Park to minimize noise from 11 :00 p.m. Enforcement Division fireworkt shows to meet the noise levels in the City of Anaheim Sound Pressure Level Ordinance. (PDF 3.5-1 *)
Prior to Issuance of Building Noise from the west public parking facility adjacent to Planning Depanment, Permit for the West Public Walnut Street will be reduced by the provision of Building Division Parking Facility; to be convenient access to the parking facility, sound attenuation Implemented Prior to Final devices (louvers and walls). the use of textured deck Building and Zoning surfaces to redu�e tire squealing, and tiering the parking Inspection for the Second facility in the West Parking Area above the third floor to Theme Park provide greater distance to the receptors. Noise from the West Public Parking Facility adjacent to the Conestoga
Hotel will be reduced by the provision of sound attenuation louvers in the openings on the north side of the structure adjacent to the Conestoga Resort. (PDF 3.5-2)
Submittal of Noise Study The applicant shall construct a 9-14 feet in height sound Planning Department, Prior to Issuance of Southwest wall along Walnut Street next to the Southwest Parking Building Division Parking Area Building Pennit; Area. The actual height of the wall will be detennined by a and Sound Wall Construction noise study submitted with the parking facility constuction Prior to the Commencement of plans. (PDF 3.5-3)
Operation of the Southwest
Parking Area
EARTH RESOURCES .. GEOLOGY, SOILS,
AND SEISMICITY
Prior to Approval of Each The pro�
rty owner/developer shall submit a thorough soils Public Works Department, Grading Plan and geo ogical report for the area to be graded, based on Development Services proposed grading and prepared by an engineering geologist Division and geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. (3.6-1)
Revised 7/31/96-dismmpJa.wp
------�---��-�-- --�-
THE DISNEYLAND RESORT SPECIFIC PLAN 34
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each The property owner/developer shall submit for review and Planning Department, Building Permit approval detailed foundation design infonnation for the Building Division subject buildings, prepared by a civil engineer, based on recommendations by a geotechnical engineer. (3.6-2)
Prior to Issuance of Each The property owner/developer shall submit a report Planning Department, Foundation Pemtlt prepared by a ·geotechnical engineer for review and approvaJ Building Division which shall investigate the subject foundation excavations to detennine if soft layers are present immediately beneath the footing site an<l to ensure that compressibUity does not underlie the footing. (3.6-3)
Prior to Issuance of Each The property owner/develok:
r shall submit plans showing Planning Department,
Building Pennit that the proposed structure as been analyzed for earthquake Building Division .. loading and designed according to the most recent seismic standards in the Unifonn Building Code adopted by the
City of Anaheim. (3.6-4)
Ongoing During Project The property owner/developer shall coordinate earthquake Fire Department Operations training with the Fire Department for hotel staff and cast members. (3.6-S*)
Prior to Issuance of Each For hotels, the property owner/developer shall submit an Fire Department Building Pennit earthquake emergency response plan for review and approval. That plan shall require posted notices in all hotel rooms on earthquake safety procedures. (3.6-6)
GROUNDWATER AND SURFACE
HYDROLOGY
Varies The applicant shall implement all project design features or Refer to Note #7 on page J . their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.7-1)
>
Revised 7/3 J/96-dismmpJa. wp
------------ ·- .... ..-. --- - - - ... -
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Approval of Phase II
Grading Plan; to be
lmplemented in Accordance
with the Phasing Plan; and,
prior to approval of Phase m
Grading Plan; to be
Implemented in Accordance
with the Phasing Plan.
Revised 7/31196-dismmpJa.wp
Measure
The property owner/developer shall submit a Master
Drainage and Runoff Management Plan (MDRMP) for
review add approval. The Master Plan shall include, but not be limited to, the following items:
a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for
storms up to and including the 100-year:storm.
b. A delineation-of the improvements to be implemented for control of project-generated drainage and runoff.
'
.
c. Detailed assessment of existing water quality. potential water quality impacts. and a description of proposed
measures to maintain water quality to the extent required by the National Pollutant Discharge Elimination System
(NPDES) and its regulations. including the following:
1. Incorporation of structural and nonstructural Citycontrolled Best Management Practices (BMPs). BMPs shall. to the extent permitted by law. include, but are not limited to, containment of masonry and paint wastes on
the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris;
prohibiting water wash down of paved areas (both
during and after construction unless allowed by the
NPDES pennit); and education/training for construction
workers on these practices., Engineering details,
maintenance procedures, and funding responsibilities of these BMPs shall also be described.
2. Incorporation of measures to comply with applicable
actions to be identified by the RWQCB in conformance
with the State Water Resources Control Board (SWRCB)
statewide water quality control plan for inland surface waters, adopted April 11. 1991.
3S
Responsible for Monitoring Completion
Orange County
Environmental Management
Agency; Regional Water
Quality Control Board;
Caltrans; Public Works
Department. Development
Services Division
- - .. - - - .. _, .. - - - - .. - - - - -
THE DISNEYLAND RESORT SPECIFIC PLAN 36
Timing Measure Responsible for Monitoring Completion
3. Description of a water quality monitoring program to monitor water quality during and subsequent to
construction and to evaluate the effectiveness of BMPs.
The water quality monitoring program shall identify: (1) the person/agency responsible for implementing dte
program. (2) sources of pollutants in runoff (e.g .•
nuisance flows from development areas; irrigation
flows). (3) specific types of pollutants expected in runoff that will be monitored ( e.g .• total suspended solids. phosphorous; lead). (4) water quality sampling stations that are representative of runoff from the sources
identified above. (S) sampling program methodology.
including devices to be used and frequency and duration of sampling. (6) method for evaluating data collected
from a sampling program. including threshold standards
for determining effectiveness of BMPs, and (7)
additional measures. if necessary. to increase the
effectiveness of the BMPs to the threshold standards
identified in C(l) above. (3.7-2)
Revised 7/31/96•dismmp3a. wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 37
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each The property owner/developer shall submit landscaping and Public Utilities, Water Building Permit irrigation plans and an Irrigation Management Program to Services integrate and phase the installation of streetscape
landscaping with the proposed construction schedule. This landscape plan shall include a maintenance program to
control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and
ovcrwatering. Additionally:
a. The landscape plans shall be prepared and certified by a Community Services licensed landscape architect. The landscape architect shall Department, Parks Division submit plans in accordance with Anaheim's Landscape
Water Efficiency Ordinanc� and Guidelines.
b. The Irrigation Management Program shall specify Utilities Department. Water methods for monitoring the irrigation system and shall be Services; Planning designed by an irrigation engineer (plans to be submitted Department, Planning in accordance with the Specific Plan). The system shall Division ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of
frequencies.
c. The landscape and irrigation plans shall be developed to Utilities Department, be consistent with the provisions of the Specific Plan. Resource Efficiency Section which require that the maximum annual water allowance
for the project (excluding theme parks) not exceed 80
percent of the mean annual evapotranspiration. or that the landscape irrigation system include water-conserving
features such as low-flow irrigation heads, automatic
irrigation scheduling equipment. flow sensing controls. rain sensors, soil moisture sensors, and other waterconserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with ; '
reclaimed water. if it should become available. (3.7-3) Revised 7/31/96-dismmpJa.wp
-----------�-�---�-
THE DISNEYLAND RESORT SPECIFIC PLAN 38
Tinung Measure Responsible for Monitoring Completion
Ongoing During Operation of The applicant shall provide for the following: cleaning of Public Works Department, the Disneyland Resort all paved areas not maintained by the City of Anaheim Streets and Sanitation includint,' but not limited to. private streets and parking Jots Division on not less than a monthly basis. Using water to clean
streets, parking lots, and other areas shall be allowed on a periodic basis if allowed in the applicant1s NPDES pennit.
Nightly washdown shall be allowed in the theme parks and. where advisable to maintain safe and sanitary working
conditions, the back-of-house area. if allowed in the
applicant's an4 City's NPDES permit. Flushing debris,
residue, and sediment down the storm drains shall conform to the applicant's NPDES requirements,. Applicant agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. · (3.7-4*)
Prior to Each Final Building The property owner/developer shall submit a Certificate of Planning Department. and Zoning Inspection Substantial Completion. as described in the Specific Plan. Planning Division which establishes that the landscape inigation systems have been installed as specified in the approved landscaping and irrigation plans. (3.7-5)
To be Installed With Project To reduce the project's demand on potable water. the Utilities Department, Water Water Mains; to be Connected property owner/developer shall install water lines onsite so Services if Reclaimed Water Becomes that reclaimed water may be used for landscape irrigation Available and other purposes, if and when it becomes available. (PDF 3.7-1)
Revised 8/l 9/96-dismmp3a. wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 39
Timing Measure Responsible for Monitoring Completion
CONSTRUCTION IMPACTS
Varies The applicant shall implement all project design features or Refer to Note #7 on page 1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mltigation monitoring process. (3.8• l)
Ongoing During Grading The property owner/developer shall implement standard Public Works Department, Operations practices from all applicable codes and ordinances to Development Services prevent erosion: (3.8-2*) Division
Prior to Approval of Each The property owner/developer shall obtain required NPDES State Water Resources Grading Plan construction storm permits from the State Water Resources Control Board; Public Control Board, if applicable. Copies of the Notice of Intent Works Department. or pennits, as applicable, shall be submitted to the City Development Services Engineer. (3.8·3) Division
Ongoing During Construction The folJowing measures will be followed by the property Planning Department, owner/developer to reduce air quality impacts: Building Division; Public Works Department.
a. Nonna! wetting procedures or other dust palliative Development Services measures shall be followed during earth-moving Division operations to minimize fugitive dust emissions, in
compliance with the City of Anaheim Municipal Code.
b. Roadways adjacent to the project shall be swept and
cleared of any spilled export material at least twfoe a day to assist in minimizing fugitive dust; haul routes shall be cleared as needed if spills of material exported from the project site occur.
c. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize
exhaust emissions associated with vehicles repetitiously entering and exiting the project site.
d. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets.
Revised 7/31/96-dhmunpJn.wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 40
Timing Measure Responsible for Monitoring Completion
e. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed.
f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or Jess.
g. Suspend all grading operations when wind speeds (as
instantaneous gust) exceed 25 miles per hour and during · second stage. smog alerts.
h. The project will comply with the SCAQMD RuJe 402,
which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which
restricts visible emissions from construction.
i. Use low emission mobile construction equipment (e.g., tractors. scrapers, dozers, etc.) where practicable.
j. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power
generators, where practicable.
k. Maintain construction equipment engines by keeping
them properly tuned.
I. Use low sulfur fuel for equipment, to the extent
practicable. (3.8-4*)
Revised 7/3 l/96•dismmp3a. wp
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THE DISNEYLAND RESORT SPECIFIC PLAN 41
Timing Measure Responsible for Monitoring Completion
Prior to Approval of Each Other than for the Disneyland Administration Building or Public Works Department, Grading Plan (for Import/ the relocation of the SCE transmission lines, the property Traffic and Transportation Export Plan) and Prior to owner/developer shall submit Demolition and Import/Export Division Issuance of Demolition Pennit Plans. The plans shall include identification of offsite (for Demolition Plan) locations for material export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Qrange County. The applicant shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. (3.8-5)
Ongoing During Construction The property owner/developer shall implement the Air Quality Management following to limit emissions from architectural coatings and District; Planning asphalt usage: Department, Building
Division
a. Use nonsolvent-based coatings on buildings. wherever appropriate. .
..
b. Use solvent-based coatings. where they are necessary, in ways that minimize solvent emissions .
c. Encourage use of high-solid or water-based coatings. (3.8-6*)
Ongoing During Demolition Construction noise shall be limited by the property Planning Department, Code and Construction owner/developer to 60 dBA along the property boundaries Enforcement Divjsion of The Disneyland Resort Specific Plan area before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.7.
Sound Pressure Levels, of the Anaheim Municipal Code.
(3.8-7*)
Revised 7/31/96-dismmpla.wp
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THE DISNEYLAND RESORT SPECJFIC PLAN 42
Timing Measure Responsible.for Monitoring Completion
Prior to Issuance of Building For the parking facility in the West Parking Area or any Planning Department, Code Pennit parking structure or facilities in the Hotel District and the Enforcement Division South Patking Area, an 8-foot perimeter or portable
construction
areas,
barrier along streets adjacent to construction
to be in place during construction, shall be provided
to minimize noise impacts. (3.8-8)
Ongoing During Construction The property owner/developer shall ensure that all intemaJ Planning Department. Code combustion engines on construction equipment are fitted Enforcement Division with properly �aintained mufflers. (3.8-9*)
Ongoing During Demolition In the event that hazardous waste, including asbestos, is Air Quality Management and Construction discovered during site preparation or construction, the District for asbestos L
roperty owner/developer shall ensure that the identified disposal; Orange County azardous waste and/or hazardous material are handled and Health Department for disposed of in the manner specified by the State of hazardous waste and California Hazardous Substances Control Law (Health and material disposal; Fire Safety Code. Division 20, Chapter 6.5). according to the Department, Environmental requirements of the California Administrative Code, Title Protection Section for
30. Chapter 22. and the Uniform Fire Code, Article 87. hazardous materials/wastes (3.8-10*) from underground storage
tanks
Ongoing During Construction If Anaheim Police Department or Anaheim TMC personnel Police Department; Public are required to provide temporary traffic control services, Works Department, Traffic _the property owner/developer shall reimburse the City. on a and Transportation Division; fairshare basis, if applicable, for reasonable costs associated City Attorney's Office with such services. (3.8wl 1 *)
Revised 7/31/96-dismmpla. wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Prior to Issuance of the First Excluding pennits for relocation of the SCE transmission Demolition, Grading or Jines, or for demolition related to relocation of the SCE Building Permit for Phase II, transmission lines as specified in the Phasing Plan • the Whichever Occurs First applicant will establish an onsite public infonnation office (which is conveniently and accessibly located) where
construction scheduling and phasing infonnation will be available to the public. The public infonnation office shall be o\:n during construction hours. A telephone "hotline" will provided to the community to allow members of the
public to call the office with questions or comments during business hours. At least one liaison officer �ill be staffed at the office. The liaison officer shall be available to answer questions from the public and shall coordinate with the City of Anaheim, other public agencies, and major developers in the area regarding the coordination of construction activities and infrastructure improvements. The City shall be
provided with a monthly summary of the calls received and follow-up actions. (3.8-12*)
Revised 7/3 l/96-dismmp3a. wp
Responsible for Monitoring Completion
Public Works Department,
Traffic and Transportation
Division
✓
I
43 - - - - - - - - -- - - - - - - - - - -
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Issuance of the First
Building Permit for the
Disneyland Resort or, any
Other Timing Specifically
Provided in this Measure
Prior to Approval of Grading
Plan or Issuance of Demolition
or Building Permits,
Whichever Occurs First
Revised 7/31/96-dismmpJa.wp
Measure
Excluding the relocation of SCE Transmission Jines or the Disneyland Administration Building, the applicant shall submit a Traffic Mitigation and Construction Phasing and Control Plan. To the extent needed, as detennined by the Public Works Department, the following project design
features (PDF 3.8-1 - 3.8-8) require the app1icant to submit at different times the plans for construction-of both Phase II and Phase m development. The Traffic Mitigation and
Construction Phasing and Control Plan shall identify the . following:
a. A Construction Staging Area Plan showing the location and size of the construction staging area. The PJan shall also show how the staging area will be screened from
view in compliance with the City of Anaheim Municipal
Code. (PDF 3.8-1)
'
b. A Construction Barrier Plan showing the location and types of barriers to be in place during grading and
construction .. Said plan shall provide for all construction areas to be screened from view in compliance with the
City of Anaheim Municipal Code and shall include
provision for the type and height of the barriers to be placed along all construction perimeters prior to the
commencement of demolition, site preparation or
grading. whichever occurs first. (PDF 3.8-2)
Responsible for Monitoring Completion
Public Works Department,
Traffic and Transportation
Division; Planning
Department, Planning
Division
44 ---------------- - - -
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Approval of Grading
Plan or Issuance of Demolition
or Building Pennit, Whichever
Occurs First; Implemented
During Site Preparation and
Construction
Prior to Approval of Grading
Plan or Issuance of Demolition
or Building Pennit. Whichever
Occurs First; Implemented
During Grading and
Construction
Revised 7/31/96-dismmp3a. wp
Measure
c. A Truck Route Plan identifying truck routes along
arterials, avoiding residential areas to the extent feasible and in 'compliance with the Sound Pressure Level
Ordinance. The Plan shall show conformance with the
external noise limits for construction between 7 p.m.
and 7 a.m. The Plan shall also prohibit construction
traffic on residential streets where improvements are not planned and shall provide �easures to ensure that truck drivers are directed away from residential streets and
travel on approved routes only. Measures to assist in
guiding truck movement on the arterial roadway system
include, but are not limited to, provision of truck route maps to truck drivers and placement of flagpersons and
construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street
condidons and potential repairing and/or repaving by
property owner/developer after completion of
construction as required by the City Engineer.
(PDF 3.8-3)
d. A Construction Traffic Management Plan which includes mechanisms to reduce construction-related traffic
congestion which shall be implemented during grading
and construction. including. but not limited to, the
following:
1. Configure construction parking to minimize onsite
and offsite traffic interference.
2. Minimize obstruction of through-traffic lanes.
3. Provide flagpersons to guide traffic, as determined in the plan. (PDF 3.8-4)
4S
Responsible for Monitoring Completion
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 46
Timing Measure Responsible for Monitoring Completion
Prior to Approval of the First e. A Trip Reduction Plan (excluding the demolition for or Grading Plan for Phase II and relocation of the SCB transmission lines) for construction III crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. (PDF 3.8-5)
Prior to Issuance of the First f. A Traffic Management Plan for phasing of roadway Building Pennit for Each improvements. specifying the sequencing of construction Phase to do the following:
I. Coordinate scheduling with other planned
construction in the area. including the 1-5 widening
project.
2. Coordinate scheduling with other infrastructure
improvements to allow them to be facilitated
efficiently during roadway improvements. such as
sewer, storm drain. and water line improvements.
3. Outline procedures for any required traffic detours
during construction, including provision of tour bus .
stops.
4. Phase each roadway improvement to allow access to
aJJ existing businesses/residential areas. In some
instances this will require lane-by-lane renovation.
temporary bypass roads. or traffic reroutes.
' 5 . Employ vertical shoring as often as possible. This will minimize the amount of road sudace that will be
disturbed at a given location.
6. Sequence the construction of each roadway
improvement to minimize disruption to residents and
businesses.
Revised 7/31/96-dismmpla.wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 47
Timing Measure Responsible for Monitoring Completion
7. Establish offsite parking and staging areas, where
practical and possible, to minimize the impact to
existing JeveJ of service on adjacent roadways.
These offsite parking and staging areas will allow a
dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the
offsite areas to the construction sit�. (PDF 3.8-6)
Prior to Issuance of the First g. Infrastructure Coordination Plan showing how the Building Pennit project improvement construction schedules and haul routes will be coordinated with other areawide
improvements. The applicant shall coordinate with the
Convention Center and area hotels to ensure continued
operations of these facilities, as well as the continued operation of the existing Disneyland theme park and
Disneyland Hotel. (PDF 3.8-7)
Prior to Approval of the First h. An Infrastructure Improvement Master Phasing Plan Grading Plan for Phase Il of containing (a) infrastructure layout, (b) sizing, including the Disneyland Resort supporting calculations, and ( c) infrastructure construction phasing. (PDF 3.8-8)
Ongoing During Project The applicant shall submit a quarterly update report Public Works Department; Construction showing construction activities for the upcoming quarter Planning Department. which shall include traffic mitigation and control planning Planning Division and construction scheduling. (PDF 3.8�9)
Revised 7/31/96-dismmplo.wp
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 48
Timing Measure Responsible for Monitoring Completion
Ongoing During Construction To decrease solid waste resulting from the construction Public Works Department, phases, asphalt and concrete which is demolished as a part of Development Services project demolitio\l and construction may be crushed and Division reused on the project site. (PDF 3.8-10*)
Prior to Approval of Each The a
fl
plicant shall show how the project will be in Public Works/ Department, Grading Plan comp iance with the Traffic Mitigation and Construction Traffic and Transportation Phasing and Control Plan. (PDF 3.8-11) Division; Planning Department, Planning
Division
EMPLOYMENT, POPULATION, AND HOUSING
Varies The az
pticant shall implement the project design- feature Ref er to Note #7 on page 1. inclu ed herein or its environmental equivalent. The City of Anaheim Planning Department will ensure compliance
through the mitigation monitoring process. (3.9-1 *)
Ongoing During Project The existing Disneyland theme park and Disneyland Hotel Planning Department.
Operations special einployment programs such as summer employment Planning Division for teachers and educational programs offering local high schools students jobs will continue. The Walt Disney
Company will also aggressively recruit workers who are
already a part of the resident work force in the region.
Implementation of The Disneyland Resort Specific Plan will further efforts in offering employment opportunities at various socioeconomic levels. (PDF 3.9� l *)
PUBUC SERVICE AND UTll.ITIES • FIRE
Varies The applicant shall implement all project design features or Refer to Note #7 on page I. their environmental equivalent. The Cit;v of Anaheim
Planning Department will ensure compbance through the
mitigation monitoring process. (3.10.1�1)
Prior to Commencement of Onsite fire hydrants shall be installed and charged, as Fire Department Structural Framing on Each required, by the property owner/developer. (3.10.1-2) Parcel or Lot
Revised 7/31/96-dismmp)b. w
-------------------
THB DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Prior to Approval of Each The property own�r/developer shall submit an emergency fire Grading Plan access plan to ensure that service to the site is in accordance with Fire Department service requirements. (3.10.1-3)
Prior to Issuance of Each The �perty owner/developer shall submit a Construction Building Permit Fire tection Plan which shall include detailed design plans for accessibility of emergency fire equipment. fire hydrant location. and any other construction features requi�d by the Fire Marshal. The property owner/developer shall be
responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (3.10.1-4)
Prior to Issuance of Each Plans shall indicate that all buildings. exclusive of parking Building Permit; to be structures. shall have sprinklers installed by property Implemented Prior to Each owner/developer. (3.10.1-5)
Final Building and Zoning
Inspection
Revised 7/31/96-dismmpJb. w
49 Responsible for Monitoring Completion
Fire Department
Fire Department
Fire Department
,
f
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 50
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each Plans shall be submitted to ensure that development is in Fire Department Building Permit accordance with the City of Anaheim Fire Department Standards, including:
a. Overhead clearance shalJ not be less than 14 feet for the full width of access roads.
,',,
b. Brid'f,
es and underground structures to be used for
Fire epartment access shall be designed to support
Fire Department _vehicles weighing 75,000 pounds.
(:, All underground tunnels shall have sprinklers. Water supplies are required at the entrances. Standpipes
shall also be provided when determined to be
nccessai:y by the Fire Department.
d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shatl be provided by the property owner/developer.
The precise number, types, and locations of the
hydrants shall be determined during building pennit
review. Hydrants are to be a maximum of 400 feet
apart.
e. A minimum residual water pressure of 20 psi shall
remain in the water 3istem. Flow rates for public
parking facilities sh 1 be set at 1,000 to 1,500 gpm.
(3.10.1-6)
Prior to Issuance of the First The property owner/developer shall enter into an agreement Fire Department; City Building Permit in Phase II with the City of Anaheim to pay or cause to be paid its fair Attorney's Office share of the funding for one additional fire inspector to maintain adequate Jev�ls of service of ongoing fire inspection of the Project and in the Anaheim Re�ort. (3.10.1-7)
Revised 7/31/96-dismmplb. w
-------------------
THE DISNEYLAND RESORT SPECIFlC PLAN 51
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of the First The BIR identifies the following equipment in connection Fire Department; City Building Permit for Phase II of with the Project, other develoc ment within the C-R Overlay Attorney's Office
the Disneyland Resort, and District A of ll'he Disney and Resort Specific Plan Area, Excluding Permits for and cumulative development in the Anaheim Resort:
Demolition or the Relocation
of the Existing SCE • A vehicle equipped with specialty tools and equipment to Transmission Lines enable the Fire Department to provide heavy search and rescue response capability.
• A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility.
• One additional fire truck company .
• One additional Paramedic company .
• Modification to existing fire stations to accommodate the additional fire units.
To implement this requirement as it applies to the applicant, the applicant shall provide or cause to be provided funding for the following equipment:
• One fire truck company;
• One paramedic company; and
'
• Modifications to existing fire stations to accommodate the fire truck company and the paramedic company.
The applicant shall not be required to contribute to the c
urchase of the other equipment identified in the Final EIR ecause the applicant has or will provide its own emergency response equipment and personnel.
Revised 7/31/96-dismmp3b.w
-------------------
THE DISNEYLAND RESORT SPECIFIC PLAN 52
Timing Measure Responsible for Monitoring Completion
The City recognizes that these improvements will serve not on� the apP.licant but also othe'J:roperty owners/developers in e Specific Plan area. the An eim Resort. and the service area. each of which should contribute its allocable share of the cost of the improvements. To implement this
requirement as it applies to other property owners/developers in the Specific Plan area. the Anaheim Resort, and the service area, the City shall. and shall make appropriate arrangements with other public agencies. if any, to reimburse the applicant to the extent that its contributions for these improvements exceed the applicant's allocable share of the cost. Such arrangements shall include one or more of the following: (1) creation of integrated financing districts; (2) entry into a reimbursement agreement with the applicant; (3) creation of · appropriate community facilities districts. assessment districts, and/or the use of similar public financing districts and/or mechanisms; and (4) creation of such other mechanisms or districts as may be appropriate to provide for the
reimbursement of these costs. The determination of the
allocable share of improvement costs attributable to the applicant and other property owners/developers, and
reimbursement amounts, shall be based on an apportionment of the costs of such equipment and personnel among
property owners/developers, including the applicant, in the Specific Plan area, the Anaheim Resort, or the otherwise defined service area. as applicable, depending on the area served.
To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/devel7aer (per Ordinance No. 5496 and Resolution
No. 95R-73 ated May 16, 1995) shall satisfy the
requirements of this Mitigation Measure, or the City may enter into altemative financing arrangements with the
appUcant. (3.10.1-8)
Revised 7/3 l/96-dismmp3b. w
- - - __ ,_ - - - - - - - - - - - - - -
THE DISNEYLAND RESORT SPECIFIC PLAN 53
Tinting Measure Responsible for Monitoring Completion
Prior to Approval of Street The water supply system shall be designed by the property Fire Department; Public Improvement Plans owner/developer to provide sufficient fire flow pressure and Utilities Department, Water storage for the proposed land use and fire protection in Services accordance with Fire Department requirements. (3.10.1�9) Prior to Each Final Building The i
roperty owner/developer shall place emergency Fire Department and Zoning Inspection telep one service numbers m prominent locations as approved by the Fire Department. (3.10.1-10)
Prior to Final Building _and The existing services and capabilities of the Di�neyland Fire Fire Department Zoning Inspections for the Department shall be extended within the Disneyland Resort.
Second Theme Park: Ongoing Existing services includd preconstruction checks, During 1>roject Operation preinvestigation of fires and alarms. preplanning .for fires and evacuations, fire prevention program activities. and
monitoring of pyrotechnics and special effects.
(PDF 3.10.1-1 •)
PUBUC SERVICE AND UTILITIES - POLICE
Varies The applicant shall implement all project design features or Refer to Note #7 on page 1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.2-1)
Ongoing During Operation of The operator of the public parking facilities shall provide an Police Department the Disneyland Resort adequate staff of private security officers for patrol and surveillance of the facilities. (3.10.2-2*)
Prior to the Issuance of the The property owner/developer shall enter into an agreement Police Department, City First Building Pennit for Phase with the City of Anaheim to pay or cause to be paid its fair Attorney II of the Disneyland Resort share of the funding for police personnel and equipment (excfuding the Relocation of necessary to meet the service needs of the Anaheim Resort. the SCB Transmission Lines) (3.10.2-3)
Revised 7/3 l/96-dismmp3b.w
- --- -/- - - - - - -- - --- .. - --· -
THE DISNEYLAND RESORT SPECIFIC PLAN 54
Timing Measure Responsible for Monitoring Completion
Prior to Final Building and The ap
plicant shall provide space within The Disneyland Police Department Zoning Inspections for the Secunty Office, to support the Anaheim Police Department to Second Theme Park the satisfaction ofi the Police Department, based on the following criteria:
• During the design f base of the security area, a police representative shaI be kept informed of the plans for the security area.
• AU facilities shall be within The Disneyland Resort
Security Office on a· shared basis.
• Separate holding rooms for adult and juvenile off enders shaU be provided for the use of the Disneyland Security Department.
• Additional private interview rooms shall be made available for the shared use of the Anaheim Police Department and the Disneyland Security D!tartment, including adequate · areas for onsite storage ne s and a common area for
computers. (3.10.24)
Revised 7/31/96-dismmpJb.w
-�---�--�------�-�-
THB DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Prior to Issuance of Each The Police Department shall review the safety mea�ures Building Permit for Parking incorporated into the building plans for the parking Structures structures within rhe Specific Plan area to be submitted by the pro� owner/developer. The security measures shall
me ude the following or other substitute security measures as may be approved by the Police De�artment:
• For the West and East Public Parking Structure, a�d the Southwest Parking Facility, closed circuit television
surveillance and recording equipment shall be provided . • For the hotel parking structures, closed circuit television surveillance and recording equipment shall be· provided. • For the Disneyland Administration Building and the South Parking Area (south of Katella Avenue and west of Baster Street), guarded entrance and exit gates shall be provided. (3.10.2-5)
Ongoing During Operation of
the Disneyland Resort
The applicant shall continue to provide anti-gang and
substance abuse educational programs which are currently provid.ed for park security cast members. (3.10.2-6•)
Ongoing During Operations The Disneyland Security Department shall be expanded to provide 111uivalent levels of service to the entire Disneyland Resort. ese services will include initial response,
investigation. and report writing. Entry points to the theme parks will be patrolled by t�e Disneyland Security
Department. (PDF 3.10.2-t •)
Prior to Issuance of Each In the West and East Public Parking Structures and in the Building Pennit for Each hotel parking structures, closed circuit television monitoring Parking Facility; to he and recording or other adequate security measures will be Implemented Prior to Final used extensively. (PDF 3.10.2-2) Building and Zoning
Inspections
Revised 7/31/96-dismmpJb. w
55 Responsible for Monitoring Completion
Police Department
Police Department
Police Department
Police Department
,
I
.
THE DISNEYLAND RESORT SPECIFIC PLAN 56
Timing Measure Responsible for Monitoring Completion
Ongoing During Project
Operation
The applicant shaO continue to provide and expand its Court Liaison program to meet the needs of the Disneyland Resort. (PDF 3.10.2-3*),
Police Department
PUBLIC SERVICE AND UTILITIES .. SOLID WASTE
Varies The applicant shall implement all project design features or Refer to Note #7 on page J. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monit�ring. process. (3.10.3-1)
Prior to Final Zoning and Excluding the relocation ·of SCB transmission lines. the Maintenance Department Building Inspections Disneyland Administration Building and demolition, the b
operty owner/developer shall submit sroject plans to the irector of Maintenance for review an approval to ensure that the plans comply with AB 939. the Solid Waste
Reduction Act of 1989, as implemented by the City of
Anaheim. the County of Orange Integrated Waste
Management Plan, and the City of Anaheim Integrated Waste Management Plan, administered by the Department of
Maintenance. (3. 10.3-2)
Revised 7/3 l/96-dismmp3b.w
- -=, - - .. .,) .. - .. - � .. - ....... ,_ .. ;,_
THB DISNEYLAND RESORT SPECIFIC PLAN 51
Timing Measure Responsible for Monitoring Completion
Prior to Final Zoning and A solid waste management plan shall be submitted for review Maintenance Department; Building Inspection� to be and approval by the applicant for the Disneyland Resort Fire Department, Implemented During Operation theme parks to ensure that the project plans comply with AB Environmental Protection of the Theme Parks 939, as administered by the City of Anaheim, and the Section (for hazardous County's and City's Integrated Waste Management Plans.
Waste management mitigation measures that shall be taken to reduce solid waste generation shall include:
material disposal)
a. Detailing the locations and design of back-of-house
recycling facilities.
b. Complying with all Federal, State, and City regulations for hazardous material disposal.
c. Continuing participation in the City of Anaheim's
voluntary "Recycle Anaheim" program or other substitute program as may be developed by the City.
In order to meet the requirements of the Solid Waste
Reduction Act of 1989 (AB 939). the applicant shall
implement numerous solid waste reduction programs at the Disneyland Resort, including:
• Facilitating paper recycling by providing chutes or
convenient locations for sorting and recycling bins.
• Facilitating cardboard recycling (especially from retail areas) by lcroviding adequate s
fi
ace and centralized
locations or collection and ba ing.
• Facilitating 1i1ass recycling (especially from restaurants) by providing a equate space for sorting and storing.
• Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection.
• Prohibition of curbside pick-up within the Disneyland Resort. (3.10.3-3)
Revised 1131196-dismmplb.w
THB DISNEYLAND RESORT SPECIFIC PLAN 58
Timing Measure Responsible for Monitoring Completion
Prior to Final Building and The existing solid waste recycling and waste minimization Maintenance Department Zoning Inspections for the practices at the Disneyland theme park shall be expanded as Second Theme Park; and feasible to serve the Disneyland Resort. Existing practices continuing on an Ongoing include:
Basis During Project Operation
Usage of recycled paper products for stationery,
letterhead, and packaging.
• Recovery of materials such as aluminum and cardboard . • Collection of office paper for recycling .
• Collection of polystyrene (foam) cups for recycling . • Co1lection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for
recycling or recovery. (PDF 3.10.3-1)
PUBLIC SERVICE AND UTILITIES� PARKS
Varies The applicant shall implement all project design features or Refer to Note #7 on page 1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
Mitigation Monitoring Program process. (3.10.4-1)
Prior to Issuance of the First The a
l
plicant shall enter into an agreement to pay the cost of Community Services Building Pennit for Phase II provi · ng night lighting to two existing ballfields at one or Department, Parks Division; more existing City community parks complete with support City Attorney's Office amenities, including d
arking, security lighting, restrooms,
spectator seating, an drinking fountains. The applicant shall enter into an agreement with the Parks, Recreation and
Community Services Department that delineates the
conditions under which payment for improvements will be provid¢. (3.10.4-2)
Revised 7/3J/96-dismmp3b.w
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Prior to Final Building and Substantial area within the Disneyland Resort has been Zoning Inspections for the designed to encourage utilization by pedestrians in a parkSecond Theme Park like setting linking key areas of the project. The pedestrian amenities will include landscaped pedestrian walkways
linking West Street/Disneyland Drive to Harbor Boulevard; and a new entry plaza for Disneyland and the Second Theme Park where the guest transportation system will drop off guests from the parking facilities and hotels. (PDF �.10.4-1) Prior to Final Building and The applicant will r,rovide an eating area, outside the paid Zoning Inspections for the gates. easily accessible tq park guests, within the Theme Park Second Theme Park District for those who bring their own food. Design features wiU include a SO-table layout with comparable spacing to other theme park eating areas. Drinking fountains, security, landscaping, lighting, vending machines, and nearby
restrooms/locker facilities will be provided. (PDF 3.10.4-2)
PUBLIC SERVICE AND UTILITIBS - SCHOOLS
Varies The applicant shall implement all project design features or their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.5-1)
Prior to Issuance of Each The property owner/developer shall pr�vide proof that school Building Pennit impact fees have been paid consistent with State statute. (3.10�5-2)
Revised 7/31/96-dismmp3b.w
59 Responsible for Monitoring Comp,1eu'on II
Planning Department,
Planning Division; Public
Works/ Department, Design
Division
Community Services
Department, Parks Division
Refer to Note #7 on page 1.
Planning Department.
Building Division
- IIR -· 111111 -- - ........ - .. - ........ - - -
THB DISNEYLAND RESORT SPECIFIC PLAN
Timing
Ongoing During Project
Operations
Varies
Revised 7/31196-dismmplb. w
Measure
The existing Disneyland theme park has developed and/or has engaged in a series of educational programs in
cooperation with fhe local community and regional agencies and OIJanizations. designed to enhance and complement the educational opportunities and experiences for the youth.
The 10 educational programs that currently e,i::ist are indicated below (see Section 3.10.5, Schools. for detailed information regarding these programs):
1. The Disneyland Creativity Challenge Awards Program
2. Orange County Yourig Listeners Concerts
3. Junior Achievement (JA)
4. Work Exposure Day at Disneyland
5. Disney Magic Music Days
6. Job Search Strategy Class
7. . NFree From DrugsN Program
8. Job Training Opportunities
9. School Support Programs
10. CIP Champion Celebration
The applicant will continue these programs and/or substitute similar programs of equal importance. (PDF3.10.5-1)
PUBUC SERVICE AND UTILITIES w WATER
The applicant shall implement all project design features or their environmental equivalent, The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.6-1)
60 Responsible for Monitoring Completion
Planning Depanment,
Planning Division
Refer to Note #7 on page 1.
THE DISNEYLAND RESORT SPECIFIC PLAN 61
Timing Measure Responsible for Monitoring Completion
Prior to Issuance of Each Among the water conservation measures to be shown on Utilities Department, Building Pennit or Approval of plans and implemented by the property owner/developer (to Resource Efficiency Section; Each Landscape Plan, the extent feasible within the Theme Park District) within the Community Services Whichever Occurs First; to be Specific Plan area include the following: Department, Parks Division:
Implemented Prior to Final Planning Department,
Zoning and Building • Use of low-flow sprinkler heads in irrigation system. Building Division Inspections; and, Continuing
on an Ongoing Basis During • Use of waterway re-circulation systems .
Project Operation :
• Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals.
• Use of self-closing valves on drinking fountains .
• Use of reclaimed water for irrigation and washdown when it becomes available.
',
• Continuation of the existing cooling tower recirculation system.
• Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors.
• Low-flow shower heads in hotels .
• Water-efficient ice machines. dishwashers, clothes washers, and other water-using appliances.
• Use of inigation systems primarily at night when
evaporation rates are lowest.
• Provide infonnation to the public in conspicuous places regarding water conservation.
• Use of water-conserving landscape plant materials
wherever feasible.
Use of vacuum and other equipment to reduce the use of
water for washdown of exterior areas. (3.10.6-2)
Revised 7/3 l/96-dismmp3b. w
THE DISNEYLAND RESORT SPECIFIC PLAN 62
Timing Measure Responsible for Monitoring Completion
Prior to Each Final 2.oning and The property own�r/developer shall submit a certified water Utilities Department, Building Inspection audit for landscape irrigation systems except for areas within Resource Efficiency Section the Theme Parks: (3.10.�3)
Prior to Issuance of the First The existing 12-inch water main betwe�n Ball Road and the Utilities Department. Water Completed Building Pennit for the southeast comer of the Disneyland Administration Building Services Disneyland Administration site will be replaced by the applicant with a new 16-inch Building; to be Implemented diameter main to the satisfaction of the Public Utiliti_es Prior to Final Building and
Zoning Inspections for the
Disneyland Administration
Department. (3.10.6-4)
Building
Prior to Issuance of the First For construction in the back-of-house area, excluding the Utilities Department, Water Building Permit for Phase II, Disneyland Administration Building, the existing 12 and 10- Services; City Attorney's Excluding Permits for the inch water mains located between the southeast comer of the Office Demolition or Relocation of Disneyland Administration Building site and Harbor the Existing SCE Transmission Boulevard north of Manchester Avenue will be replaced with Lines a new 16-inch water main to the satisfaction of the Public Utilities Department. (3.10.�5)
Revised 7/31/96-dismmpJb. w
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Prior to Issuance of the First
Building Pennit for Phase II,
Excluding Permits for
Demolition or the Relocation
of the Existing SCE
Transmission Lines; to be
Implemented in Accordance
with the Approved Phasing
Plan
Revised 7/31/96-dismmpJb. w
Measure
·The applicant shalJ submit for review and approval an
engineering report and phasing plan demonstrating the
incorporation of the following water system improvements into Tite Disneyland Resort. The applicant shall construct or cause to be constructed the following improvements:
a. The existing 8-inch · water main in Clementine Street from Katella Avenue to Freedman Way shall be replaced by a
20-inch water main. ·
b. The existing 10-inch water main in Freedman Way from Clementine Street to Harbor Boulevard shalt be replaced by a 20-inch water main. .
c. The existing 10-inch water main in Harbor Boulevard
from Katella Avenue to Freedman Way shatl be replaced
by a 20-inch water main.
d. The 12-inch water main in Katella A venue from Harbor Boulevard to Clementine Street shall be replaced by a 20- inch water main.
e. The existing 10-inch water main in Harbor Boulevard
from Freedman Way to Harbor Boulevard north of
M8!1chester Avenue shall be replaced by a 16-inch water mam.
63 Responsible for Monitoring Completion
Utilities Department, Water
Services; City Attorney's
Office
'
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing
Revised 7/3l/96-dismmp3b.w
· Measure
The City recognizes that these improvements will serve not only the apP.licant but also other property owners/developers in the Specific Plan area, the. Anaheim Resort and the service area, each of which should contribute its allocable share of tbe cost of these improvements. To implement this
tequirement as it applies to other property owners/developers : : (p the Specific Plan area. the Anaheim Resort, and the service ; _$8.. the City shall, and shall make appropriate amu,gements ----� '/!ith other public �gencies, if any. to reimburse the applicant : ::t9 the extent that its contributions for these improvements / /�xceed the applicant's allocable share of the cost. Such . :arrangements shall include one or more of the following: (1) creation of integrated financing districts; (2) entry into a · reimbursement agreement with the applicant; (3) creation of appropriate community facilities districts, assessment districts, and/or use of similar public financing districts and/or mechanisms; and (4) creation of other such mechanisms or districts as may be appropriate to provide for the
reimbursement of these costs. The determination of the
allocable share of improvement costs attributable to the applicant and other property owners/developers, and
reimbursement amounts, shall be based on an apportionment of the costs of such improvements among property
owners/developers. including the applicant, in the Specific Plan area, the Anaheim Resort, or otherwise defined service area. as applicable. depending on the area served.
To implement this mitigation measure, the City has adopted the Anaheim Resort Water Facilities Fee Program (Rule 15E of the Water Rates. Rules and Regulations). Compliance with this Fee Program by the property owner/developer (per
Resolution No. 95R-140. effective September l, 1995) shall satisfy the requirements of this Mitigation Measure, or the City· may enter into alternative financing arrangements with the applicant. (3.10.6-6)
64 Responsible for Monitoring Completion
- - .. ..-· . .. .. ..
nm DISNEYLAND RESORT SPECIFIC PLAN
Timing
Pnor to issuance of the First
Building Pennit for Phase II,
Excluding Permits for
Demolition or the Relocation
of the Existing SCE
Transmission Lines
Measure
The applicant shall submit for review and approval an
Engineering Report and Phasing Plan demonstrating the
incorpomtion of a new water supply well in the vicinity of Clementine Street and Freedman Way. (3.J0.6-7)
Prior to Final Building and The applicant shall fund or cause to be funded the 4rilling of Zoning Inspections for Phase Il a new water supply well in the vicinity of Clementine Street and Freedman Way. (3.10.6-8)
Prior to Final Building and
Zoning Inspections for the
Second Theme Park
Revised 7/3l/96-dismmp3b.w
The applicant shaU cause to be constructed the site
improvements for the well in the vicinity of Clementine Street and Freedman Way.
The City recognizes that these improvements will serve not only the apP,licant but also other property owners/developers in the Specific Plan area, the Anaheim Resol1z and the service area, each of which should contribute its allocable share of the cost of these improvements. To implement this
requirement as it applies to other property owners/developers in the Specific Plan area. the Anaheim Resort. and the service area. the City shall, and shall make appropriate arrangements with other public agencies, if any, to reimburse the applicant to the extent that its contributions for these improvements exceed
arrangements
the applicant's allocable share of the cost. Such
shall include one or more of the foJlowing: (I)
creation of integmted financing districts; (2) entry into a reimbursement aJ?reement with the applicant:
. .. .. .. .... , .
65 Responsible for Monitoring Completion
Utilities Department, Water
Services; City Attorney's
Office
Utilities Department, Water
Services; City Attorney's
Office
Utilities Department, Water
Services; City Attorney's
Office
- .. - .... ...... - - - .. . . ·- ,. - - - ....
THE DISNEYLAND RESORT SPECIFIC PLAN 66
Timing Measure Responsible for Monitoring Completion
lJ J creation or appropnate commumty racmt1es dtstncts, assessment districts, and/or use of similar public financing districts and/or mechanisms; and (4) creation of other such mechanisms or districts as may be· appropriate to provide for the reimbursement of these costs. The determination of the allocable share of improvement costs attributable to the applicant and other property owners/developers, and
reimbursement amounts, shall be based on an apportionment of the costs of such improvements among property :
ownersfdevelopers, including the applicant, in the Specific Plan Arca, the Anaheim aesort or otherwise defined service area. as applicable, depending on the · area served.
The City has adopted the Anaheim Resort Water Facilities Fee Program (Rule 158 of the Water Rates, Rules and
Regulations). Compliance with this Fee Program by the
property owner/developer (per Resolution No. 95R-140,
effective September I, 199S) shall satisfy the requirements of this mitigation measure. It is noted that the City may require the applicant to provide an advance in accordance with Rule 15B of the Water Rates, Rules and Regulations to complete the site improvements for the new water supply well for which the drilling phase was previously completed under Mitigation Measure No. 3.10.6-8. The City may also enter into
alternative financinJ arrangements with the applicant to ensure that this mitigation measure is implemented.
(3.10.6�9)
Rovlsed 1/31/96-dismmplb. w
-�--�-��--��-��----
THE DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
Prior to Each Final Building The Disneyland Resort will be developed with piping onsite and Zoning Inspection for the to use reclaimed water when it is available from the County Disneyland Resort Sanitation District of Orange County (CSDOC). for use in the Disneyland Resort waterways and for irrigation.
(PDP 3.10.6-1)
To be Shown on Street With development of the Disneyland Resort. some street Improvement Plans; to be rights-of-way will be relocated, therefore requiring relocation Implemented Prior to Street of the utilities. The following improvements are included in Relocation or Final Building the development of the Disneyland Resort:. and Zoning Inspections for the .
Second Theme Park, Whichever • The existing l 0-inch water main in Cerritos Avenue Occurs First between Walnut Street and West Street/Disneyland Drive will be abandoned with the pro/
osed realignment of this
portion of Cerritos Avenue, an a new 12-inch water main will be installed in the new Cerritos Avenue right-of-way. • The existing 12-inch and 14-inch water mains in West
Street/Disneyland Drive will be replaced with a 20-inch water main and relocated with the realignment of the West Street/Disneyland Drive right-of-way.
• An onsite 12-inch dual-feed water main through the
proposed Disneyland Resort from the proposed water line m West Street/Disneyland Drive to the proposed water line in Harbor Boulevard will be constructed. The dual-feed
system will create two means of water supply to any point fed from this line and will ensure good fire flow
protection. (PDF 3.10.6-2)
Revised 7/3 l/96-dismmp3b.w
67 Responsible for Monitoring Completion
UtiJities Department, Water
Services
Utilities Department, Water
Services
,
I
--�--�-���--��--��-
THE DISNEYLAND RESORT SPECIFIC PLAN 68
Timing Measure Responsible for Monitoring Completion
PUBLIC SERVI� AND UTil..ITJES
WASTEWATER/SEWER
Varies The applicant shall implement all project design features or Refer to Note #7 on page 1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.7-1)
Prior to Issuance of the First The applicant shaU submit a report indicating that the Public Works Department, Building Permit for the Admims�tion Building will not increase the sewage flows to Dev�Jopment Services Disneyland Administration Ball Road beyond histori'?' levels. The applicant wilt upgrade Division and Design Division Building; to be Implemented or parallel the existing 10-inch diameter pipe in Winston Prior to Final Building and Road from the Disner
tand property line to West.
Zoning Inspection for the Street/Disneyland Dnve with an approximate 12-inch Disneyland Administration diameter pipe. Additionally, an upgrade or parallel pipe to Building the existing 10-inch diameter pipe in West Street between Winston Road and Cerritos Avenue will be provided.
(3.10.7-2)
Prior to the First Final Building The applicant shall construct or cause to be constructed the Public Works Department. and Zoning Inspection for following improvement�: Design Division; City Phase II. Excluding Permits for
A City sewer main ·upgrade line or parallel sewer line to Attorney's Office
Demolition or the Relocation •
of the Existing SCE the existing 24-inch sewer main in Katella A venue. from Transmission Lines the existing 27-inch District sewer line at Walnut Street or · Ninth Street to Harbor Boulevard.
• A City sewer main upgrade line or parallel sewer Jine to the existing 15-inch sewer main in Harbor Boulevard from Katella A venue to Manchester Avenue.
Revised 7/31/96-dismmplb. w
- - -· - - .. - .. ! - .. - ., .......... - -
Tim DISNEYLAND RESORT SPECIFIC PLAN 69
Timing Measure Responsible for Monitoring Completion
The City recognizes that these improvements will serve not only the apP.licant ·but also other property owners/developers in the Spec,fic Plan area, the Anaheim Resort. and the service area, each of which should contribute its allocable share of the cost of these improvements. To implement this
requirement as it applies to other property owners/developers in the Specific Plan area. the 'Anaheim Resort, and the· service area. the City shall, and shall make appropriate arra(lgements with other public agencies, if any, to reimburse the applicant to the extent that its contributions for these improvements exceed the applicant's allocable share of the cost. Such aaangements shall include one or more of the following: (I) creation of integrated financing districts; (2) entcy into a reimbursement agreement with the applicant; (3) creation of appropriate community facilities districts, assessment districts, ancl/or use of similar public financing districts and/or mechanisms; and (4) creation of other such mechanisms or districts as may be appropriate to provide for the
reimbursement of these costs. The determination of the
allocable share of improvement costs attributable to the applicant and other property owners/developers, and
reimbursement amounts, shall be based on an apportionment of the costs of such improvements among property
owners/developers, including the applicant. in the Specific Plan area, the Anaheim Resort. or otherwise defined service area. as applicable, depending on the area served.
To implement this mitigation measure, the City has adopted the Sewer Impact and Improvement Fee Program for the
South Central City Area. Compliance with this Fee Program by the property owner/developer (per Ordinance No. 5490 and Resolution No. 95R-60 dated April 18, 1995) Shall
satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements with the applicant. (3.10.7-3)
Revised 7/3 l/96•dismmp3b. w
�-�--�-�------�--�-
THE DISNEYLAND RESORT SPECIFIC PLAN 70
Timing Measure Responsible for Monitoring Completion
To be Shown· on Street With development of the Disneyland Resort, some street .Public Works uepartment, Improvements Plans; io be rights-of-way will be realigned, therefore requiring Design Division Implemented Prior to Final concurrent relocation of the sewer line to the proposed Building and Zoning rights-of-way as follows:
Inspection for the Second
Theme Park Reconstruction of the existing pipeline in West • Street/Disneyland Drive when the street alignment is
implemented. ;
• Construction of a IS-inch to 21-inch pipeline in Cerritos Avenue between Wes\Street/Disneyland Drive and Walnut
Street when the existing street is abandoned and relocated . .
• Construction of a 12-inch pipeline in West
Street/Disneyland Drive from Winston Road to Cerritos
Ayenue. (PDF 3.10.7-1)
PUBLIC SERVICE AND UTILITIES -STORM DRAINS
Varies The applicant shall implement all project design features or Refer to Note #7 on page.1. their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.8-1) .
Revised 7/31/96-dismmpJb. w
-�--�--�--�-�-����-
THB DISNEYLAND RESORT SPECIFIC PLAN 71
Timing Measure Responsible for Monitoring Completion
Prior to Approval of Grading Excluding the relocation of the SCE transmission lines or Public Works Department, Plans; to be Constructed Prior demolition, a detailed drainage study and plan that identifies Development Services to Final Building and Zoning either no increase- in area historic drainage flows and no Division Inspections for rhe Second changes in area historic drainage patterns, except as already Theme Park addressed through Project Design Features: or, that identifies additional drainage improvements to meet multi-year storm design frequency discharges for Phase Il and Phase III
impr.ovements and to protect property in the even� Qf a 100- year stonn design frequency shall be submitted for review and approval.
It is noted that the City has adopted the Storm Drain Impact and Improvement Fee Program for the South Ceotral City
Area. Com&
liancc with this Fee Program by the proful
rty
owner/dcvc zcr (per Ordinance No. 5491 and Rcso ution
No. 95R-61 tcd April 18. 199S) shall satisfy the
requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements with the
applicant. (3.10.8-2)
Revised 7/31/96-dismmpJb. w
���-------�---��-�-
THE DISNEYLAND RESORT SPECIFIC PLAN 72
Timing Measure Responsible for Monitoring Comp1etion
To be Shown on Street The applicant shall construct or cause to be constructed Public Works Department.
Improvement Plans; to be detention/retention facilities in the South Parking Area to Development Services Implemented Prior to the First ensure that the stbrm water runoff from the Future Expansion Division Final Building and Zoning District does not increase area historic drainage flows and Inski
ction for the South does not alter historic drainage patterns. (3.10.8-3) Par ·ng Area
To be Shown on Street If the proposed runoff will be discharging at or below area Public Works Department, Improvement Plans; to be historic levels, and consistent with area historic patteins, The Design Division· Imelemented Prior to Final Disneyland.Resort tributary to the K.atella Avenue drainage Budding and Zoning basin will not be required to implement drainage main line Inspections for the Second infrastructure improvements. Detention/retention facilities of Theme Park stonn runoff may be considered in the final design phase of the overall public system; however. such proposed
detention/retention facilities must have maintenance
guarantees and would be required to meet strict design
criteria so that they may function properly in multi-year storm design frequencies. (PDF 3.10.8-1)
To be Shown on Street Due to the proposed relocation of the portion of Cerritos Public Works Department, Improvement Plans; to be Avenue between Walnut Street and West Street/Disneyland Design Division ImeJemented Prior to Final Drive. the existini storm drain lines in this part of Cerritos Budding and Zoning Avenue will be a andoned. As part .of the reconstruction of Inspections for the Second Cerritos Avenue. a new stonn drain line will be installed from Theme Park West Street/Disneyland Drive within the new right-of-way to Walnut Street. and then in existing right-of-way along Walnut Street and Cerritos Avenue to the ABC Channel.
(PDF 3.10.8-2)
To be Shown on Street Due to the lowering of a portion of West Street/ Disneyland Public Works Department, Improvement Plans: to be Drive, a new stonn drain line with a pump system shaU be Design Division lmelemented Prior to Final constructed to pump water from the sump area to the Bmlding and Zoning proposed Cerritos Avenue stonn drain line. (PDF 3.10.8-3) Inspection for the Second
Theme Park
Revised 7/J l/96-dismmp3b. w
-��----�--�------�-
TifB DISNEYLAND RESORT SPECIFIC PLAN
Timing Measure
To be Shown on Street Storm drain laterals are required as part of normal street Improvement Plans; to be construction and are listed as follows: New storm drain Imr.lemented Prior to Final laterals will be constructed in West Street/Disneyland Drive Budding and Zoning north of Katella Avenue to drain runoff to Katella Avenue; in Inspection for the Second West Street/Disneyland Drive north of the realigned Cerritos Theme Park Avenue to drain runoff to Cerritos A venue; and, in Walnut Street north of existing Cerritos A venue; and in Walnut Street north of Katella Avenue to drain runoff to Katella A venue.
All will be designed in compliance with the Master Plan of Drainage for the South Central City Area. (PDF3.10.8-4) .
PUBLIC SERVICE AND UTILITIES - ELECTRICITY
Varies The app1icant shall implement all project design features or their environmental equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.10.9-1)
Prior to Issuance of Each The property owner/developer shall submit plans showing Building Permit that each of the project's buildings will comply with the State Energy Conservation Standards for New Residential and
Nonresidential Buildings (Tide 24. Part 6, Article 2,
California Code of Regulations). (3.10.9-2)
Revised 7/31/96-dismmpJb. w
73 Responsible for Monitoring Completion
Public Works Department,
Design Division
Refer to Note -#7 on page l.
Utilities Department,
Resource Efficiency Section
,.
I
-��-------�-��-��--
THI! DISNEYLAND RESORT SPECIFIC PLAN 74
Timing Measure Responsible for Monitoring Completion
Prior to issuance of the first The applicant shall enter into an agreement with the City of Utilities Department, Building Pennit for Phases II Anaheim to address the need, timing and financial Electrical Engineering and III responsibility for •improvements required to serve the increase Division, City Attorney's in electrical demand associated with development of the Office Disneyland Resort project. Pursuant to this agreement, the applicant shall provide demand projections to the City based on the applicant's development plans. When warranted by demand projections of the project, the applicant shaU
construct or cause to be constructed a maximum 100 MV A substation and associated facilities on the Disneyland Resort property to accommodafe the increased demand. This
requirement will not be necessary until the demand from the project of the existing and new Disneyland Resort project exceeds 45 MVA. The substation site shall comply with all City requirements for the necessary installation and
mamtenance within or crossing rights-of-way. (3.J0.9-3) Prior to Issuance of BuildinJ If the SCB 220kV electrical lines are to be undergrounded, Fire Department Permit for the undergroundmg then a leak response/safety J! lan shall be submitted for review
of the SCE 220kV Electrical and approval and will inclu e, at a minimum, the following Lines information:
a. Leak and stll procedure
b. Location o absorbent materials and containers
c. Storage and handling proceduces
d. Fust aid measures
The plan shall outline the procedures for responding to a leak or other events identified by the Fire Department. (3.10.9-4)
Revised 7/31/96-dismmpJb.w
-��---------��-----
TlIB DISNBYLAND RESORT SPECIFIC PLAN 15
Timing Measure Responsible for Monitoring Completion
Prior to Final Building and The Southern California Edison transmission Jines that cross Planning Department, Zoning Inspection for the the existing Disqeyland South Parking Lot will be relocated. Planning Division Second Theme Park with the 66kV lines undergrounded and the 220KV lines in an aerial configuration. (PDF 3.J0.9-1)
Prior to Final Building and Coordinate with the Southern California Edison Company for Planning Department.
Zoning Inspection for the the relocation of the 220 kV lines and 66kV Jines presently Planning Division Second Theme Park crossing the existing Disneyland theme park parking lot. (PDF 3.10.9-la)
Prior to Issuance of Each In order to conserve energy, the Disneyland Resort shall Utilities Department, Building Permit: to be implement numerous energy saving practices in• compliance Electrical Services Implemented Prior to Each with Title 10, which may include the following:
Final Building and Zoning
Ins�ction • Consultation with the City energy-conservation experts for assistance with energy-conservation design features.
• Use of high-efficiency air conditioning systems controlled by a computerized management system including features
such as a variable air volume system, a 1 DO-percent
outdoor air economizer cycle, s:,uential operation of air conditioning equipment in acco ance with building
demands, isolation of air conditioning to any selected
floor or floors.
• Use of electric motors designed to conserve energy .
• Use of special lighting fixtures such as motion sensing lightswitch devices and compact fluorescent fixtures in place of incandescent lights.
• Use of T8 lamps and electronic ballasts. Metal hallide or high-pressure sodium for outdoor lighting and parking
tots. (PDF 3.10.9-2)
>
Revised 9n4196-dismmp3b. w
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THE DISNBYLAND RESORT SPECIFIC PLAN 76
Timing Measure Responsible for Monitoring Completion
At Time That Relocated 220 The 220KV transmission lines will use cross-phasing and/or The Planning Department. kV Transmission Lines Are use other reasonable methods agreed to by SCB in the aerial Planning Division Placed in Service alignment to min'imize EMF levels. (PDF 3.10.9-3)
PUBUC SERVICE AND UTILITIES - NATURAL GAS
Prior to Issuance of Each The PT.� owner/developer shall submit plans which shall Utilities Department, Energy Building Pennit ensure at uildings are in confonnance with the State Services Energy Consezvation Standards for nonresidential building (Title 24, Part 6, Article 2, California Administrative Code) .. (3. 10.10-1)
Prior to Approval of Bach Final The Southern California Gas Company has developed several Planning Department, Building and Zoning programs which are intended to assist in the selectton of most Building Division Inspection energy-efficient water heaters and furnaces. The property owner/developer shall implement a program. as required, to reduce the demand on natural gas supplies. (3.10.10-2)
PUBLIC SERVICE AND UTILITIES. TELEVISION
Prior to Issuance of First Excluding the Disneyland Administration Building. a pre- Planning Department.
Building Pennit; and, 6 Months project study of area television reception shall be undertaken Planning Division After Topping Out for Phase II by the applicant to determine baseline conditions. After and Phase m of the Disneyland topping out for Phase II and Phase m of the Disneyland Resort Resort. a followup study of area television reception shall be undertaken immediately by the applicant. If the City of Anaheim determines that the proposed project creates a
significant impact on broadc�t television reception at local residences. a signal booster or relay system shall be installed on the roof of the tallest project building to restore broadcast television �eption to its original condition as soon as practicable. (3. l 0.12-1)
Revised 9/24/96•dismmp3b. w
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THE DISNEYLAND RESORT SPECIFIC PLAN 77
Timing Measure Responsible for Monitoring Completion
HAZARDOUS MATERIALS
Varies The applicant shall implement the project design features or Refer to Note #7 on page l. their environmenta1 equivalent. The City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.11-1)
Prior to Approval of the First Investigation for the presence of cryptic tanks using Orange County Health Grading Plan or Issuance of the geophysical methods shall be conducted in the subject area Department; Fire First Demolition Permit. for the property owner/developer by a qualified Department, Environmental Whichever Occurs First, for env�ronmental professio�a1 in the areas of former service Protection Section Each Phase stations and those areas known or thought to have been formerly occupied by USTs and where tank removal has not been verified prior to excavation or grading in these areas.
Soil sampling or a soil organic va_p_or survey may be required if soil sampling results are not avadable or mdicate
contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and approrc
riate remediation
measures developed, if necessary, be ore demolition,
excavation. or grading takes place in.these areas. (3.11-2) Prior to Removal of A permit shall be obtained for removal of underground tanks Orange County Health Underground Tanks; and, by the property owner/developer. During removal of the Department; Fire During Removal of underground storage tank. a representative from the Department, Environmental Underground Tanks Environmental Protection Section shall be onsite to direct soil Protection Section sampling. (3.11-3)
Ongoing During Remediation Remediation activities conducted on behalf of the property Orange County Health owner/developer of surface or subsurface contamination not Department; Fire related to USTs shall be overseen by the Orange County Department, Environmental Health Department. Infonnation on subsurface Protection Section contamination from an underground storage tank shall be provided to the Fire Department. (3.11-4)
Prior to Approval of the First The property owner/developer will submit a plan which Orange County Health Grading Plan or Issuance of the details procedures that will be taken if a previously unknown Department: Fire First Phase I Demolition Permit, UST or other unknown hazardous materials or waste is Department, Environmental Whichever Occurs First dis covered onsite. (3.11-5) Protection Section Revised 7/31/96-dismmplb.w
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THE DISNEYLAND RESORT SPECIFIC PLAN 78
Timing Measure Responsible for Mon.itoring Completion
Prior to Approval of Grading A site reconnaissance survey of the Miller Tools/Mobile Orange County Health Plan for the Miller Tools/ Brake building shall be conducted by a qualified environ- Department; Fire Mobile Brake Site mental professioqal for the property owner/developer to Department, Environmental assess an�tential �sence of hazardous materials at this Protection Section facility. re possible, interviews with property owners
and/or company representatives shall be conducted to obtain information on the hazardous material usage histories and handlin� practices of the sites and, if available. copies of contamtnant investigation reports shall be reviewed to
evaluate the presence and level of hazardous substances in the soil at each' property. The results of this investigation shall be submitted to the Orange .County Health Department for
review and approval. If warranted, subsurface investigation and sampling shall be undertaken by a qualified·
environmental professional in coordination with the Orange County HeaJth Department. Appropriate remediation
measures will be .developed. if necessary, before demolition, excavation, or grading take place in these areas. (3.11-6) Prior to Approval of Orading A qualified environmental consultant shall attempt to contact Fire Department.
Plan or Issuance of Demolition the current and/or known former owners of the following on Environmental Protection Permit, Whichever Occurs First behalf of a property owner/developer within the C-R Overlay Section Area; the 7-11 convenience store and the vacant parcels at 1340 S. West Street/Disneyland Drive and 321 West Katella Avenue to obtain information regarding the status of
underground tanks and/or tank closures at these sites. If necessacy, subsurface investigation and sampling shall be undertaken by a qualified environmental professional.
Results of those analyses shall be submitted to the Fire Department for review and approval. The fo1lowing
properties have comJi
leted this measure as of July 1996:
Katella Car Wash, 3 0 W. Katella Avenue; the Shell Service Station, 2100 S. Harbor Boulevard; National Car Rental. (3.11-7)
Revised 7/31/96-dismmp3b.w
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T1IB DISNEYLAND RESORT SPECIFIC PLAN 79
Timing Measure Responsible for Monitoring Completion
Prior to Relocation of The transformers shall be tested by the property Uti1ities Department. Electric Transformers Within Non- owner/developer for PCBs. (3.11-8) Services Disney-Controlled Properties I
or City-Owned Transformers
Within the Specific Plan Area
That May Contain PCBs Which
Are Being Moved or Relocated
as Part of Project Development :
Prior to Approval of Grading For the northern portion of the West Street/Disneyland Drive Orange County Health Completed Plan or Issuance of Excavation strawbeny fann (pumphouse area), the small remaining Department; Fire Permit amount of shallow soil affected by lubricating oil shall be Department, Environmental handled and disposed of according to all applicable local, Protection Section state, and federal laws and regulations. (3.11-9)
Prior to Approval of GradinJ Several representative samples of shallow soils shall be Orange County Health Plan or Issuance of Excavation collected and anal1zed by the property owner/developer for Department: Fire Permit pesticide and herbicide residue in the West Street/Disneyland Department, Environmental Drive apicultural area and the S&S Nurseries area. If soils Protection Section; Orange containmg pesticides or herbicides above regulated limits are County Agriculture found, remedial actions shall be carried out before Department disturbance of the soils. Remedial actions should consist of removal and disposal or treatment of affected soils according to all applicable local, state, and federal regulations. (3.11-10)
Ongoing During Project
Operation
The current compliance effons for hazardous materials
utilized at the existing Disneyland theme park and
Fire Department
Disneyland Hotel described under Section 3.11.1.1, shall be expanded to encompass the Disneyland Resort to ensure
compliance with applicable laws and regulations.
(PDF 3.11-1 •)
Revised 7/31/96-dismmpJb.w
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THB DISNEYLAND RESORT SPECIFIC PLAN 82
Timing Measure Responsible for Monitoring Completion
CULTURAL RESOURCES
Prior to Approval of Each The ,eroperty owner/developer shaJI submit a letter Public Works Department.
Grading Plan identify1ng the certified archaeologist that has been hired to Development Services ensure that the foUowing actions are implemented: Division a. The archaeologist must be present at the pregrading
conference in order to establish procedures for
temponuilf halting or redirecting work to pennit the
sampling. 1dentification, and evaluation of artifacts if potentially signific8J)t artifacts are uncovered. If artifacts are uncovered and determined to be significant, the
archaeological observer shall determine appropriate
actions in cooperation with the property owner/developer for exploration and/or salvage.
b. Specimens that are collected prior to or during the
gradinJ process will be donated to an appropriate
educational or research institution.
c. Anlc archaeological work at the site shall be conducted un er the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present. grading shall be diverted around the area until the monitor can survey the area.
d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. UP.on completion of the grading. the archaeologist shall notify the City as to when the final report will be submitted. (3.13-1)
Revised 9/24/96-dismmpJb. w
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THE DISNEYLAND RESORT SPECIFIC PLAN 83
Timing Measure Responsible for Monitoring Completion
Prior to Approval of Each The property owner/develorc
er shall submit a letter Public Works Department,
Grading Plan identifying the certified pa eontologist that has been hired to Development Services ensure that the following actions are implemented: Division a. The paleontologist must be fi
resent at the pregrading
conference in order to estab ish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant.
paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paieontological observer shall determine appropriate actions in
coo(:
ra�ion with the i
ropcrty owner/developer for
exp oration and/or sa vage.
b. Specimens that are collected prior to or during the
gradinJ process will be donated to an appropriate
educational research institution.
c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is· not r
esent. grading shall be
diverted around the area until t e monitor can survey the area.
d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the
grading. the paleontologist shall notify the City as to when the final report will be submitted. (3.13-2)
Revised 9n4/96-dismmp3b. w
--------------- - - -
THE DISNEYLAND RESOR1 SPECIFIC PLAN
Timing
Varies
Prior to Issuance of Each
Building Pennit
Prior to Final Building and
Zoning Inspection for the
Second Theme Park; and.
Ongoing During Project
Operation
Prior to Issuance of Each
Building Pennit for Public
Day-Use Parking Facilities
Revised 7/3 l/96-dismmp3b. w
Measure
ENERGY
The applicant shall implement all :
roject design features or .'
their environmental equivalent. T e City of Anaheim
Planning Department will ensure compliance through the
mitigation monitoring process. (3.14-1)
The �operty owner/developer shall demonstrate on plans that fuel-efficient models pf gas-powered building equipment have been incorporated into the proposed project to the extent feasible. (3.14--2)
The project shall be developed in confonnance wjth The
Disneyland Resort Specific Plan and shall offer a broad diversity of theme park. retail, dining and entertainment experiences which will enhance the destination resort
character of The Disneyland Resort. As a result, many
visitors will extend thear length of stay; thus. incremental vehicular trips to and from the site are expected to be reduced. (PDF 3.14•1•)
The public parking facilities. which may be used for theme park guest parking. shall be designed in accordance with the speed parking procedures set forth in Section 7 .0, Zoning and Dev�ment Standards. of the Specific Plan which will assist in ucing vehicular fuel from idling engines. (PDF
3.14-2)
84 Responsible for Monitoring Completion
Refer to Note #7 on page 1.
Planning Department,
Building Division
Planning Department,
Planning Division
Public Works/ Department,
Traffic and Transportation
Division
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EXHIBIT F
Opening Day Project
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1. 2.
3. 4.
5. 6.
Opening Day Project
Theme Park: Second-gated theme park designed to attract and accommodate a planned annual attendance of 7 million guests.
Hotels: 750 new hotel rooms (in addition ·to the 1,136 Disneyland Hotel rooms) comparable in quality to Disney's Wilderness Lodge at Walt Disney World.- These new hotel rooms will be integrated within or adjacent to the new theme park, and will be "Disney.. or "Disneyland" branded Hotel Rooms generally marketed under the "Disney" or "Disneyland" trade-name, trademark or logo.
Retail. Dining and Entertainment Uses: Minimum of 200,000 square feet of new Retail, Dinning and Entertainment Uses.
Pedestrian Plaza: A pedestrian plaza between the two theme parks, linking Harbor Boulevard and Disneyland Drive.
Parking: At least 5,800 net new parking spaces (in addition to the number of spaces currently serving Disneyland, the Disneyland Hotel, and the Disneyland Pacific Hotel).·
Mitigation Measures and Conditions of Agproval: Completion of all Mitigation Measures and Conditions of Approval applicable to the foregoing. • Approximately 145 of these Existing Hotel Rooms are to be demolished in connection with the Opening Day Project, and may be rebuilt or replaced by Disney in accordance with Section
3.2.1.3 of this Agreement.
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I · EXHIBIT
G
Illustrative Pia�
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Illustrative Plan
The Illusttative Plan is a graphical representation of a preliminary conceptual design and configuration of the Opening Day Project. Disney may in its discretion, modify the design, configuration, elements and content of the ,lllustrative Plan in connection with evolution and implementation of the Opening Day Project, consistent with the description of the Opening Day Project (Exhibit P) and the overall resort destination concept reflected in the Illustrative Plan (Exhibit G).
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EXHIBIT H
Procedures Resolution
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A RESOLUTION OF THE
CITY
COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING PROCEDURES AND REQUIRE•
�iEHTS FOR THE CONSIDERA'l'lOH OF DEVELOPMENT AGREEMENTS PURSUANT TO SECTION 6S865 or THE ..
GOVERNMENT CODE AND REPEALIHG RESOLUTION NO. .,
82R-J0.
. WHEREAS, the lack of certainty in· the approval of development pro,ects ean re�ult in a waste of resourc�s, escalate the coat of housing and other development to the conaumer, and diacour•ge• inv�stment in and commitment to comprehensive planning wbi.h make maximum efficient utilization of resources at the least economic cost to the public, and
nHEP.EAS, oc::uranec to the �pplicant fer a developmenL project that upon approval of the project, the applicant may proceeD with the project in accordance with existing policies, rule� and regulations, and, subject to conditions of approval, vill strengthen . �he public planning process, encourage prJvate pJrticipaUon in nomprehensive planning� and reduce the economic c�st.a of developmen�, and.,.. .
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WHEREAS, �rticle 2.5 (commencing with Section 65864) of Chapter 4 of Title 7 of the Government Code authorizes municipalities to, by resolution or ordinance, eat�bliah procedures and re• quir�ments for the consideratJon of development agreement• upon . application by, �r on behalf of, the property owner. ,�r otber person having • legal or equitable interest 1!) the pr_opert1." NnW,
0 TH£R£FOR£. BE IT RESOLVtD by
tbQ City Council of the
City of Anaheim that, pursuant to Article 2.5 (commencin9 with .. section 65864) ct.Chapter 4 of Title 7 of the Government Code, the · .city does hereby·establish as precedures an4 requirements for the cona"idcration · of' d'evelopJ11ent agreements those certaif\ pr ocedures an4.
r�qult�m�nts as set forth in Exhibit •A• attached hereto and inco, porated herein by thia reference.
BE IT FURTHER RESOLVED that Resolution No. 82R-30 be, and the same la her
eby, repealed.
THE FOREGOING RESOLUTION 1• approved and adopted by th• City councU of the City of. Anahci111 thla 23rd doy of Hovombor, 1982. ��� MAYOR or THE CITY ov ANAHEIM I
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RESOL\JTION NO• 821\-J.UEXHIDI'J' •A•
i'XCCEDUan AND JtE'JUIP.EM!tlTS
FOR
CONSIDERATION OF DEV�LOPMENT AGREEMENTS
1.0 Application••
2.0 P1•nn1ng Commi■■ion Review.
3.0 City Coanc11 A�tiona•
4.0 n,coraatiou.
s.o Amen���nt_or·cance11ation of Agre�ment. b�
Mu.t ua1 C9n�ent.
6.0 Perio4ic Review.
7.0 Mo�ification or �erm1nat1on.
8 .O Effect of Agreement..
9.0 F:ntorceab111t.yi
10.0 11.0
12.0 Successor•. an4 Aa11gn■•
47 �l
St.ate an4 Fe4er:a.?-,--��· �����,;;� ..
Extension of Time t.o Act.
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L ■U APPI.1C1\TIC'INS. �--···-
l\ny poroon w!ab1n9 to enter intc, e devQlop,nent agreement ( "bcvalopm,mt. Airaeme.nt") must filu. �n 11pplicD.tiOt. for OJ')proval of n neve�.opment l\gree1nent with tbo Pl�nning Departrn•.,t an4 demonstrate ....
that the project aatis£iea the eligibility requirements aet for� in doction 1.3 'hereof. The form ol said •ppliea�ion ("Application•) shall l:"'J aa established by the Planning Director of ·t.be Ci�y of" Anaheim ( .. Plonning nirector•.).
1.1 !!!!,• An Application shalt be accompanie4 by a �111ng fee in such amount as ffiay hereinafter be eatab11she4 frOJa time t.o time bf th• City Ccu.�c11.
1 ■ 2 Applicant; A� Application may be filed only by the property owner or other pcraon having •·legal or equitable intereat in the property that is tbe subject of the Development A,reement. or by tbat person•• authori�ea agent �•Applicant•). The �em •Applicant• a11a11 alao inclu�e any eucceasor in interest to t.be property owner or successor in interest to any other person having a legal or. eta'li� table interest in the prcper�.
1 .3 'EU9lbility 'Regu�.a.•ement.s. 'l"he City line.ta tbat it. 111ay be.in th• City•• best. interest to enter into a Development. ,�reemant when conatruction of tbe project will bo pbas�4 over a aevera1 year perid!, is a large scale 4eve1opment, aba11 o=cupy substantial acreage, or ir. some �ber way require a long-term certainty on �• pan of t.be developer an4 ti,e City. 'the City may, but sba11 not. 'be 4eeme4 requireG to, approve a Devo1opaant. Agroomont. when t.btt JWp11ca�t·demonb"atea eU.gibiU.ty therefor by 111a1d.ng one or .more oft.be _foll.owing sbowinga:
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(a) That thfa project shn11 occupy ct leact t1£ty (SO)
•�1.u11: or .
... �·
(b) That, upon compJc�lon, tbo �roject sh�11 �ocu1t
in the conatructi
on of at leaat (1) twobundred fifty (250) dwelling
� .
units, (ii) two hundred fifty thousond (2�U,OOO)·square *••t of commercial-off!co apaco, or (iii) two bundred fiftf thouaan4 (2so.O0O) square !eet of industrial space, or
(c) ·'that the project w111 be conatructe4 in Jilh••••
. .
over an enticipatcd pario4 of not_1••• than five (S) yearar or· (d) A project ■hall a1ao be e1itib1e i� t.'he Planning
Director f1n4a that the �blic health, safety or 9cnerc1 wel�are o! th� citizens of Anahei� vi11 beat be served by accepting an �pplication for consi4eretion by the Planning Coffiflli■aion and Cit� council.
1.4 rro1JOse4 Development Agreement. Each Application
s'hall be acco,npan!ed by a proposed tlevolopment Agreement (•Propo■e4 Agreement•).
(a) A Propoae4 Agreement. aha11 apeci�� tbe dura�ion
of t.he Agreement., the permltt.e4 uses of the property, t'he .Scmaity or !�tensity of use, the llhlx1mumhe19ht ana 11ze of propose4 bui141nr•• anc! provisions far r�Hrva•t!on or 4ea1catlon of 1an4 for public •
purposes.
(b) A Propoae4 �;reement aay lncluae con41tiona,
�orm•, r•��rictlon• an4 requirement.a for aub■equont 41ncrattonaq, action•• provJ.aecS t.hat ■ucb con41tlona, term■, roatricU.ona an4 re _quirement■ for subsequent di■cretlonar7 action• ■ba1� not. provont d�velopment oft.be lana for
t.'ha use• ana to the 4ens1ty or in!enslty
of the develo
pmAnt aet forth in tho Agreement. A Propoaecl Agreeautnt may alao provide that const.ructlon abn,1
�• commenco4 within a
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specified time and that the project �r any phcses thereof by completed within a cpecificd time.
(c) A rropo�ca Agreement may include such addiiional
.... conditions, term�, restrictions or �cqulrem�nt•·•• dctor�ined by the CU.y Council to be :ln the public interest.
2.0 PLANNING COMMISSION �£VIEW.
2.1 Notice of lntentlon to Consiaer. Vpon nce1pt of an
Application confo:mint to- the eligib111ty requ1rem•nta o! section 1.3 . . .
hereof, th• i'l•nl"1ln9 Director shall ;1ve notice of the Planning Co��isslon•s lntent�on �o consider a recomm�naation to the City . .
Council regarding adoption of a bevelov,ent Agreement. Such notice anc! any other notices 'required hereunder shall be
_J1lven 1n the manner specified in Section 6S867 of the Government Code and, ln addition, :ln the same manner. notice is g:lven·for publta hearings upon
aoning reclassifications as prd'vided unaer Sect1�n 18.03.060.of the An�heim Municipal Coda.
2.2 Public He�rln9. �he .Planning Commission sha11 set
ana give notice of a public hearing to be hel4 not·more than thirty (30) dMya from rece1p� of an Application.
2.3 RccOl'M\encSit1on. Hot later than fifteen (15) aaya following completion of th� public hearing befo�e the �lanning Comm1Ms1on, i�e P1annlnt commlsslon shall make a recomena-tlon in writing ana transmit that reCOffllllen�atlon ana t.he Applic�tlon to tho Citf Council. T�e reco111111endation shall incluae tho �lanning Comm1Ms1on•s determination of whether tbe �ro�osc4 Agreement 1• (1) . .
consistent with the General Plan of the City of Anaheim an4 any hppUcable specific plAnJ (Ui compatible with l11e uses au"thorlat:te! in and tho regulationa proscribed for tho applicable aonlng 41str1ct, (111) compatible with tho or6erly 6ovolopaont of prop.,rty in the -3-
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surr
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ndiny aroa, and (1v) ts.not othorw1so detrlm�ntol . to
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the
. heolth
•Mfoty and general 1telfar� �t: t
h� cltiz�na of Annhcim.
3.0 CITY COUtiCIL I\CTIONS
3.l �otice of Intention to Consid2r. Upon receip� of"the Planning Commission'• recommendation, the City Clerk shell 9ive notice of the City Council •a int1rit1on to consider adoption of a J)e\felopment Agrr:en,ent in the same manner as set forth 1n Section. 2.1 hereof.
3.2 !,_ublic He,r!n9. �h• CitJ Counc11 shall set and give notice of A public hearing to be
h
eld not more than forty•f1ve (45)
days aft
er receipt of the recommen4ation of the �lanning Commission.
3.3 _Findings. Approval of a Development Agreement ia a legislative act of the City Council and the City Council shall have absolute discretion to approve, approve v1th mocUflct.Uona, or del'.'Y any Proposea Agreement, proviaea, however, the City Council shall not approve any t>evelop1:1ent Agreement unless t.he City Council finds t.he provisions of the Agreement are consistent v1th the Ceneral Plan of the City of Anaheim and any applicable specific plan.
3.4 Decision. 'l'he City Coun7!1 aha11 announce its finaing• and decision on an1 Development Agreement not later tban ten (10) days following completion of.the publjc hearing on such matter. Approving . . .
a Development.Agreement shalt be accompllsbea by enacting an ordinance . .
which ordinance shall be subject to reforenawa ln the �anner aet forth in Section 1303 of the City Charter of tho City of Anahoia. Rot later than ten (10) Gays follwing aaoptlon of the
orGinanee, one copy
thereof shall be forwardfld to the Applic�nt.
3.5 ,=ntorlng 1rato • �vwlop,11eht A"r""m•nt. %t the City I
council adopts an oralnance approving a Development Agreement, then the parties thereto shall execute the Oevelopaent Agroement wlthln thirty (30) d
ays af.ter adoption of the orainoncos provl�od, hovevor, •4-
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�hat tho novolopD�nt �grecment aholl not bucome o!fectlv� until tho ordlnl\ncP. outl10riz.in; the Devol01,mont Agrti-lrnent also bccu:nos et.'f'ective • 'l'he time for cxec:utin� t.'hoi �gree:unt �oy be cx�ended by the mutu11l c�n�cnt of the City Council an� t.he Applicant.
4.0 RECO�O�TlON. '
Within ten (10) days after the City enters into t.be
Development Agreement, the City Clerk ■ball have the Agreeme�t. rec�rded with the Orange County Recorae�. I� the partica to the �greemwflt or . .
their eucccssors in interest azner.d or cancel the 1.greement as proviaaa in Gov�rnrnent coae sec�iqn G�66B, or if the City terminate• or.moditi•• the Agr�ement aa proviaea·in Government coae Sect.ion 65865,1 for fai1- ur·e of tho Applicant to materially compl
.
Y in 9004 faith vit.h the t.erma
or con�itions in the Agreement, t��
� the �ity Cler� shall have notice
of such action recoraed wit.b t'he orange Co�nty Record·er. 5,0 AMF.NDMtNT OR CAN'CELI.ATION OF AG'R.EEMENT BY MUTUAL- CONSENT. . .. .. -
s.1 Initiation of hlendment or cance11ntion. Eit.'ber party may propose an amenament. to, or cancellation of, tho eevolopment Agreement., in whole or in part, previously entered into • . S,2 Procedure. 'rhe.proceaure for proposing and adopting an amendment to, or cancellation of, t�e Development Agreement, in whole· . . �
or in Fart, shall be the same aa tbe procedure for entering into an AgrPement in the first instancar said procoduro is aet forth in Sections� nnd 3 hereof. r.tty auch proposal aubm1tt.e4 by tbe Applicant shall be accompanied by a pr0cooaln9 fee in an amount equ�l to ono-ba1f nf any initial filing fee a• ffiAY beroinnfter bo oatab11obod from timo to t.imc by the City Council pursuant to Soction 1.1 hcroof.
Any omendm•nt to, or cancellation of. ·any Dey�lopmen�
Agroemont pursuont to thim Scct.ian �h�11 �ncp11�n �bn �.onA�nt. of a11 pnrt.ies t.o eoi4 Dovoloptnent l\grccmont..
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6.1 !.!!!!_o for R�• The City shell perio�1co11y roview tl\e Dcvo\op1nent Agreement. at. least. cinca �vcr.Y twelve month• a ft.er t .• e City enter• into t.1ut Agreement. "
6.2 Applicant•• Submission. Not 1••• t.han forty-five (45) nor. more tban sixTy1(60) days prior to "tbe yeorly anniversarr �z tbe date the J>evelopment Agreemen� waa e.ratere4 1nt.o, · �1-,e App11CAftL ab&U submit. evidence to t.be Cit.l'. Council of t.b• 1'pp11cant•• goo� �ait.b co. pliance with the Develo�m•nt. A;;eement and noUfy t.be Clt.y Council ln writing that such evidence 1• being ■u'bm1t.te4 to tbe City pursuan��o the p��icc11c review requirement.• of this Sec�ton. Said notificcticn sha11 be accompanied by a prcceasing·f•• in •ucb a1:1ount •• ma1 berelnafter 'be 9st.ablished !rom time t.o t.ime by t.be Cit.y �uncU,_.
6.3 Findings. With�n fort.y-five (45) c!aya a�ter tbe aubmi■- eion of the Applicant.'• evidence, t.be Cit.y Council ■ball aet.ermine �PC?" the basis of substantial evic!ence.wbet.ber or not. t.be Applicant. baa, for the period under r�-view, compliea in 9004 faitb w1t.h t.be t.erm• an4 coftdit.ions of lhc Agreement. If the Cit.y Copnc11 f1n4■ an4 4et.erm1ne• on t.he basis of sub�tantia1 evidence th�t the �pp11cant ha• comp1lo4 in 900d faith wit.'h tbe terms an4 condit.1on• of t.'he !)evelopment. Agreer.,ent. .. . . .. during the perio4 un4er review, �he review for t�at. perioc1 aball be acomea conclude4. lf t'h• City Council fin4• an4 determine• on the bad.a of aubst.ant.la1 evidence l.ba1. t.h• App1lcant ha• I\Ot. oomp1le4 ln 9004 f al th wl tb · t.bo t.er1110 end condition• of t.bo ·A;reament �or t.'be perloa unc!or reviov, t.be City Co�nc11 nAY proceec1 t.o III04!.fy or t.ermln1:1t.o �• Agrac.,u:int. or establish a t.lffle ac'hecS111e for comp11anoo therwtt.11, 1D accor4ance with tbe prooeaur•• aet fort.h in Section 7 berelnaft.er • _,_
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G ·" !n!thtiOJLOf R,:vhw by Citl: .. �!!.:U. In c.clait.iQn t.o the .-.nnu�l periodlc ro,1!.a�
, cct foi:t.h in L:et.io,1 6 .1, 6. 2 and €i. 3 hereof, the Cit.y C:c:,uncil mo.y nt any Un,,: initint.c n rcviaw of the UP.velopment Agrec�ent upon the giving of written notice thereof to �pplicanf� Within thirty (30) days following the receipt of ouch notice, th,e Applicant ,ball submit evidence to the City Council cf Applicant.'• 9O0d faith compliance wit.h the !.'lavelopment Agraem,.rit end such re'liett :nd c!c�c,:mination nhall proceed in tbe manner otberwioe provl4ed in s-.ction 6 and 7 hereof.
7.0 MODIFICATION OR TERMINATION.
7.1 Nctico io �??liccnt. Xf the City Council fin4a .n4
determines on the basis of aubstantin1 evidence that the Applicant has not co111plied in gool1 falt.b with the t.ems and concU.t.iona of t.he Development Agreement 4urin; the period under review an4 if the City council determines to proceed with m0l51fication or termination of the Development Agreem�nt, or eata�iiih a time ■cheaule for ccmplianc� therewith, the City Council shall give notice to the Applicant of City counci11
e intention to do ao within ten (10) dar• of making its �inding• under Section 6.3 hereof.
7 .2 Public Hearin9. 'the City Counc1.1 shall set and 9!ve notice of u public �ear�ng pn �o41fication or termination, or to establish a time schedule for compliance, �o be held within forty-five (45) daya after the City council give■ notice to the Applicant.
7.3 Decision. 'l'be City Council abD11 announco it.a �indin;• and decision on "1\e�ber the nevelopment Agreement in to be tem1nate4, ·�r bow the Oevelopment Agreement ia to be moaifiea, or the provision■ of the Development Agreement with which Applicftnt must eomply nnG a time scbe��lc �berefor, not latar then ten (10) daya following completion of th� public bearing on auch matter. MO<\ifying or �crmlnating _,_
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a Devo�opment �grcement aball be accomplisho4 by enacting an ordinance. -rbo t')rdinanco sluill rocito t.he rtr.u;ouo which, in t.he opinion of ·t:lur City CC,\Mcil. 111111<0 the l':\0(t1UcaUonli or termination of the 1>evelopment Agrccmcn� nocea�o.ry. Not later than ten (10) aays following a4�ption of tbe or41nance, one copy thereof aha11 be forwar4e4 to the Appiicant.
Tl:'• Development. Agreement. chc11 be term1nate4 or the mo4ifie4 Developmen� Agreement aha1\ become effective on the effective date ot the or4!nanc• modifying or terminatlng aaia Agr•nent. Compliance vi�'h any performance time scheaule establishe4°by the City Council u an alt.ernative to 111o41• ficatioD or termination of the Develop�ent Agreement abaU be eu�j�ct to p•r1.o4ic reviev ih tbtt ia,anner cot. forth .tn Section• ,; an4 "/ bereof ana lac-'k of g.:ocl fait.h compliance 1:h•rewith •ball be a bula fo� termination 04 modification of ••�d »e�elopment'Agreem•=• e.o EFFECT OF AGREEMENT.
Unl••a otherwise proviaea by the Development Agreement, ruloa, ro9uJ��iona, an4 officia� po��cioa governing penn1tted uaee of the land, density, �esign, publi� improvement■ an4 conatructlcn atan4- ar4a an4 seeaitications sba11 be tbose rules, regula�iona an4 official poU.c:iea in £ore• at tbe time of execution of the Development. Agreement..
The City aba11 not, however, be probibitea from applying tot.be propertr �bicb is the eubject of �he Development Agr••ment. new rutea, regulation• ancl policies 'lf:bic:h 4o not conflict vi� t.boae ra1••, regu1.at.1on11 -.n4 po�1c1oa ■et forth in the Development Agreement, hor a'ha11 the Ci�l' be pro'hJ.b1te4 from denying or con41tiona11y appro•lng any ■ubsequent. 4ove1- opment project. application on t.be basis of aucb exiatb1 or new n1oa, · .regulation• an4 po1ic1•••
.
g.o ENFORC!AD?Ltft.
Unless amenaea or cancelle4, a Dcvolopmon� A;Toc==:� :ball�• enforceable by.any p�rty t.beroto notw1t1\stan4ing any c:'hknge ln any -o-
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npplicable general or specific plan, zoning, subdivlalon or building •• H
regulation adopted by the City which alters or amenda the rules, regulations or policies specifla� in Section 8 hereot or la inconolatent ·•1th the provi ni�ns contained in the Development Agreement·.
10.0 P�.!.OJtS >.ND ASSIGHS.
The burdens of the Oev�lopment Agreement shall be bi-n4ing upon, end the benefit• �f the nevelopment Agreement inure to, all suc:c�ssors in interest ancS assigns of the part.lea to the Development Agreement.
l1 • 0 ST).TE J.NO FEDEllJ.t t,J.WJ:; •
In the event �hat the stDte or fecSeral l•w• or regulations enacted after a Development Agreen,ent ·has bH.:"\ entered into, :pcev1nt or prec1u6e compliance vith one or ffiore provision• of the Oevelop�ent Agreement, such provlsl9ns of the Development Agreement shall be . .
�odified or suspendP.4 �s may be necessary to complJ with auch atate or federal lnw or regulation, so long as such laws or r.egulations shall remain in effect.
12.0 EXTr.NSI_ON OF TIHF. TO Al:!•
The time period vithin which any party or entity is otherwice required to act pursuant to any applicable provision hereof shall be dt11tmll!"cl -.xt'!'nd'!d for any period of Uma nec�sr:ory to comply vith ··any . .
applicable provisiono of the California.Environmental Quality Act an4 the State Cuidelines edopted pursuant thereto.
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STATE OF CALIFORHlA )
COUNTY Of OBAHGE ) 11,
CITY OF AHAH£1K )
1, f.INl>A 0, r.OBtRTS, City Clerk of the Cltf or Anaheim, do hereb7 cerUt)' that the foregoing Resolution Ho, 821-565 waa 1ntroduoed and adopted at• re1U1ar meeting provided b7 law, or tho Cit)' Council ot the City or Anaheim held on the 23rd day or November. 1982. bf the tollowin& vote or the member• th,reor:
AYES: COUNCIL MEMBERS: Kaywood, Pickler. Overholt, Day 1nd Roth.
NOES: COUNCIL MEMBERS: Nont
ABSENT: COUNCIL MEMBERS: None
lHJ) 1 run::tJt certtty t.h1t the Mayor or the City or Anaheim al1ned a■1d Resolution Ho, 82R-SG5 on the 23rd d17 or November. 1P82, 1:: wn:;t$S 'l."nntcf • X hut here-unto Ht. my hind an� 1tt1nd tbt H&1 or tbt City or Anaheim th1a 23rd daf ot Hovembor,.1982,
(SUL)
t, LINDA D, ROBERTS, City Clerk or the·c1t1 or Anah,ic, do hereby otrtltJ that the torego1n& la the original ot le•olut1on Ho. 821-565 duly pasaed and adopted bi the l.nahe1m Citr Council on Hcvem�tr 23, 1982.
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EXHIBIT I
Project Approvals
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Approval
RESOLUTION NO. 93R-107
RESOLUTION NO. 93R-108
RESOLUTION NO 93R-146
RESOLUTION NO. 93R-147
ORDINANCE NO. S377
ORDINANCE NO. 5378
RESOLUTION NO. 94R-41
ORDINANCE NO. S420
RESOLUTION NO. 95R-9S
ORDINANCE NO. 5503
RESOLUTION NO. 96R-176
ORDINANCE NO. 5580
Project Approvals
Description
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO.
311, ADOPTING A STATEMENT OF FINDINGS AND FACTS
ANO STATEMENT OF OVERRIDING CONSIDERATIONS IN
CONNECTION THEREWITH, AND ADOPTING MITIGATION
MONITORING PROGRAM NO. 0067
APPROVING AMENDMENTS TO THE LAND USE AND CIRCULATION ELEMENTS OF THE ANAHEIM GENERAL PLAN DESIGNATED AS GENERAL PLAN AMENDMENT'NO. 331
ADOPTING TIIE DISNEYLAND RESORT SPECIFIC PLAN
NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT
STANDARDS, A DESIGN PLAN AND GUIDELINES AND A
PUBLIC FACILITIES PLAN) {SP92-l)
APPROVING ZONING AND DEVELOPMENT STANDARDS
FOR THE DISNEYLAND RESORT SPECIFIC PLAN (SP 92-1)
AMENDING THE ZONING MAP REFERRED TO IN TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING {SPECIFIC PLAN NO. 92-1, lHE DISNEYLAND
RESORT)
AMENDING TI1LE 18 OF THE ANAHEIM MUNICIPAL CODE
BY ADDING THERETO CHAPTER 18.78 RELATING TO
ZONING AND DEVELOPMENT STANDARDS FOR THE
DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP92-1)
AMENDING RESOLUTION NOS. 93R-146 AND 93R-147
PERTAINING TO THE DISNEYLAND RESORT SPECIFIC PLAN
(SP92-1)
AMENDING ORDINANCES 5377 ANO 5378 PERTAINING TO
TIIE DISNEYLAND RESORT SPECIFIC PLAN NO. SP92-1
(AMENDMENT NO. I)
AMENDING RESOLUTION NOS. 93R-146 AND 93R-147 AS
PREVIOUSLY AMENDED PERTAINING TO TilE DISNEYLAND RESORT SPECIFIC PLAN {SP92-1) AMENDING ORDINANCES 5377 AND S378 PERTAINING TO
THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1
(AMENDMENT NO. 2)
APPROVING THE ADDENDUM TO FINAL ENVIRONMENTAL
IMPACT REPORT NO. 311
AMENDING ORDINANCES 5311 AND 5378 PERTAINING TO
THE DISNEYLAND RESORT SPECmC PLAN NO. 92-l
{AMENDMENT NO. 3)
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EXHIBIT J
Statement of Overriding Considerations
·The Statement of Overriding Considerations enclosed were adopted by Resolution No. 93R-107 and Resolution No. 96R-176.
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The following Statement of Overriding Considerations was adopted by Resolution No. 93R-107.
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9.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Based upon the evidence presented in the Final EIR. the following Findings of Fact have been made:
a. Changes or alterations have been required in. or incorporated imo, the Project which mitigate or avoid the following significant environmental effects thereof as identified in the Environmental Impact Repon: Land Use - Related Plans and Policies {Partially); Land Use Compatibility (Partially); Transportation and Circulation (Partially); Air Quality {Partially); Noise; Eanh Resources - Geology, Soils and Seismicity; Groundwater and Surface Hydrology; Construction
Materials; Visual
Impacts
Resources
(Partially);
and Aesthetics
Public Services
(partially);
and Utilities;
and Energy.
Hazardous
b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should have been adopted by such other agency for improvements related to Transportation and Circulation. c. Specific economic, social or other considerations make infeasible the mitigation
Impact Repon
measures or
to reduce the following significant
project alterations identified in the Environmental
impacts to below a level of
significance: Land Use - Related Plans and Policies (Partially); Land Use Compatibility {Partially); Transportation and Circulation (Partially); Air Quality (Partially); Construction Impacts (Panially); Public Services and Utilities - Solid Waste Disposal; Visual Resources and Aesthetics (Partially); and Energy.
Sect:ion 1S093(b) of the State CBQA Guidelines provides that when the decision of the public agency allows the occurrcncc of significant impacts which arc identified in the EIR but are not at least substantially mitigated, the agency must state in writing the reasons to support ks action based on the completed Eµt and/or other information in the record. The City bas found that the impacts listed in "c" above are significant and unavoidable impacts.
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Accordingly. the City of Anaheim adoptS the following Statement of Overriding Considerations based on information in the Fmal EIR and on other information in the record. The City recognizes that significant and unavoidable impacts will result from implementation of the Project. Having (i) adopted all feasible mitigation measures, (ii) rejected the alternatives to the Project discussed above, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the Project agaimt the Project's significant and unavoidable effects, the City of Anaheim hereby finds that the benefits outweigh and override the significant unavoidable effects for the reasons stated below.
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The reasons discussed below summarize the benefits, goals and objectives of the proposed Project, and provide, in addition to the above findings, the detailed rationale for the Project.
These overriding considerations of economic, social, aesthetic and environmental benefitS for The Disneyland Resort outweigh its environmental costs, and justify adoption of the Project and certification of the completed BIR. Many of these overriding considemions individually would be sufficient to outweigh the adverse environmental impacts of the Project.
9.1 Increue Revenues for City, CoW1ty and State. The Disneyland Reson will produce substantial beneficial 'fiscal impacts. The Disneyl� Resort will directly generate significant revenues in property taxes, sales taxes, hotel taxes, utility taxes, and miscellaneous taxes to the City of Anaheim, Orange County and the State of California.
Evidence of the substantial fiscal benetitS of the Project has been submitted to the City in the public hearings and in written documentation. Additionally, the Cty of Anaheim has been studying the public revenues as well as the Project and the Commercial Recreation Area. This study has been presented to the decision.aiakers in two reports: 1) The CRA Fiscal Analysis Summary ("Fiscal Aualysis11
), a draft of which was presented in the April 28, 1993 staff repon to the City Planning Commission; and 2) the companion repon entitled, Anaheim Commercial Recreation Area Fiscal Analysis Technical Rcpon, dated April 1993. These reports note that the economic benefits of the Project will include substantial net increases in municipal revenues from the Commercial.
Recreation Area. Additionally, the Project creates economic benefitS from increased employment and induced economic activity in the City and the surrounding region; however, these multiplier effects arc not calculated in the F'ucal Analysis.
As determined. in the analysis which is summarized in the Fiscal Analysis, the Project will significantly increase the number of visiton to the Commercial Recreation Area. This will lead to increases in Dl\lDicipal revenues as well as increases in service costs. The mitigation measures identified in the EIR, which will be implemented through the Mitigation Monitoring Program. will ensure that the fair share of the increased costs of services associated with the Project will be paid.
The City of Anaheim, tbrough its review of other projects in the Commercial Recreation Arca, will have the oppol'lUllil¥ to ensure that the fair share of the costs of the increased services associated with such other projects will likewise be paid.
However. as the economic forecasts summarized in the Fiscal Analysis indicate, implementation of the Project will result in a substantial increase in the available net revenues which may be combined with other sources of funding to pay for needed public improvements in the Commercial Recreation Area. For example, the Fiscal Analysis states that with the Project, the Commercial Recreation Area's amma1 net conuibution (net .of operating expenditures) could be $S0.6 117
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million in 2008 (in 1993 dollars). which is $36.0 million greater than the increase in net revenue anticipated under baseline conditions without the Project.
9.2 Preserve Key In.du.mies of Statewide Importance. The Disneyland-Reson will improve and enhance the tourist industry, an industry of immense imponance at the local, regional and statewide levels. The Anaheim Area Visitor Center and Convention Bureau, which tracks the county's tourists, estimated that 37.7 million people visited the area's theme parks and beaches in 1992. The Bureau estimated that the visitors spent $4.7 billion in Orange County in 1992. The Orange County region. and the City of Anaheim, benefit greatly from these revenues from tourism. · In 1992, the Governor's Council on California Competitiveness published its report, "California's Jobs and Future." The Repon identified the tourism industry as a key industry in the State of California and urged "extraordinary effons" be made to preserve and enhance the competitiveness of such key industries.
The present Disneyland theme park has been an important and vital source of jobs, revenue and prestige for the City of Anaheim and the State. However. to maintain its vital role in the economy. it is necessary to allow the theme park and surrounding uses to evolve to meet current market demands for newer, more integrated resons geared toward longer visitor stays. as would be accomplished by The Disneyland Reson.
9.3 Jobs for Area Residents. The Disneyland Reson will directly create thousands of - new jobs, enhancing Disney's position as the largest employer in Anaheim. The Em estimates that the WESTCOT Center will create thousands of net direct jobs, and thousands of construction jobs.
The Disneyland Resort also will stimulate the creation of thousands of additional indirect jobs in visitor-serving businesses such as hotels, motels, restaurants, retail shops and transportation.
The analysis in the EIR demonstrates that approximately 11,848 new jobs will be created by the operation of the WESTCOT Center. As described in detail in ·the Em (including the technical reports and responses to comments), this employment forecast included approximately S,198 full-time jobs, 3,809 pan-time jobs and 2,841 casual/temporary jobs during operation of the Project.
Additionally, the construction of the Project will result in substantial construction employment opportunities. Approximately 23,800 person-years of construction employment will be required to complete the development of the WESTCOT Center and the retail floor area and hotel rooms induced by the WESTCOT Center.
While these for=:asts indicate a significant increase in employment opportunities, based on the evidence presented to the City (including the evidence of the characteristics of the jobs and the employees), the Project will not induce significant migration into Southern California or substantially increase intra-urban relocation. Therefore, the Project's direct employment would not result in significant adverse employment impacts but would result in substantial employment benefits.
Finally. the EIR describes the employment growth that could be induced by the effects of the Project in the regional economy. The ElR notes that the Project could indirectly result in the creation of approximately 27,400 construction jobs and 12.200 indirect jobs.
The employment benefits of the Project will constitute a major contribution to the general welfare and the economic growth and stability of the City of Anaheim and the surrounding region.
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9.4 Increa,,� Economic Opportunity for Emting Businesses. Environmental Impact Repon No. 311 mdicates The Disneyland Reson indirectly will increase the demand for surrounding retail, restaurant service and hotel rooms. For example, The Disneyland Reson is estimated to induce . demand for additional hotel rooms within the surrounding area. Additionally, many other businesses will benefit from opponunities such as construetion of The Disneyland Reson and .provision of additional visitor services.
9.5 Visual Enhancement and Revitalization. Landscaping and urban design features of . The Disneyland Reson Specifi� Plan will unify and upgrade the appearance of the Project area, and , substantially improve the aesthetic quality of the Commercial Recreation Area. The perimeter of The · Disneyland Resort will be landscaped utilizing a series of greenbelt parkways and screening foliage that creates a public park-like atmosphere. Landscaped medians will be incorporated into Katella Avenue, Harbor Boulevard, West Street/Disneyland Drive and Walnut Street. For example, street trees, a landscaped parkway and landscaped medians will be developed.
9.6 Develop Public/Private Partnership. Many of the infrastructUre improvements associated with The Disneyland Resort will be accomplished through public/private partnership and will be implemented m advance of demand. Certain of the improvements identified m the EIR will not only mitigate the impacts of the Project but will provide additional capacity for existing and future growth not related to the Project.
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9. 7 Improvements to Transportation and Access to Resort. Toe Specific Plan provides a Vehicular Circulation Plan and Pedestrian Circulation Plan. A number of improvements to the existing transponation and circulation system have been incorporated into the pro enhance access
ject design to
to and egress from the Project area, and to provide convenient and pedestrian-oriented circulation within the Project area. These improvements will remove some of the current Disneyland traffic from the local streets. Impacts to local streets will be minimized by moving parking facilities to locations more convenient to l-5 and by providing freeway on/off ramps that conveniently access the parking facilities. The public parking facilities and pedestrian circulation systems will rninimj;,.e trip generation within the Commercial Recreation Area. These improvements will benefit all users of the transponation system and improve overall levels of service in the area.
Cenain of the transportation and circulation mitigation measures that have been traffic
incorporated into or required as a condition of approval for the Project will accommodate baseline growth as well as mitigate the effects of the Project.
The Disneyland Resort will provide an extensive intemal pedestrian circulation system. including landscaped walkways, and electrical conveyance systems. The project will accommodate a potential connection to the Orange County Fixed Guideway project and a potential pedestrian bridge over KateJJa Avenue.
!>.8 Afr Qpality Protection. Completion of The Disneyland Resort Project will result in significant decreases in vehicle miles uavelled (VMT). both by project cast and theme park guests who visit from outside Southern California. In addition. Disney bas committed to target a 1.5 average vehicle ridership (A VR) for !!I cast trips, going well beyond the requirements of the South Coast Air Quality Management District's Regulation XV.
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9.9 Provide Public Parking Facilities. Two new public parking facilities will be constructed at opposite sides of The Disneyland Resort Specific Plan area adjacent to I-5 to receive traffic from 1-S and to eliminate such traffic from local streets within the Commercial Recreation Area. These public parking facilities will provide public parking for The Disneyland Reson. the Anaheim Convention Center, and other day-uses within the Commercial Recreati<?n Area.
9.10 Provide Affordable Housing. The applicant has agreed to build or preserve, or cause to be built or preserved, 500 affordable housing units in the City of Anaheim in coMection minimum
with the development of the Project. The applicant will give preference to family housing units. A of 40 percent of the units will serve "very low income households" and the remainder will serve "low income households."
9.11 Improve Educational Prognyns. The Disneyland Resort will continue a series of educational programs in cooperation with the local community and regional agencies and organizations.
9.12 Deters Negative Impacts of No Project Alternative. As stated in Sections 5.2 and
6.0 of the EIR (Volume I), wichout the project, commercial propenies in the Commercial Recreation . Area would continue to develop on a parcel-by-parcel basis or the existing developments would remain. The piece-meal development that would occur, in conjunction with the loss of the substantial municipal revenues that would be generated by the Project. would significantly detract from the quality of life and the attractiveness of the area.
The analysis in the EIR of the No Project/No Development Alternative assumes that the proposed Project would not be approved and primarily describes the conditions that would exist at that specific
remain exactly
point in time. Thus, it assumes that all of the land uses within the project area would occur.
as they are today. Therefore, none of the impacts of the proposed Project would Under this alternative, however, there would be no capital investment or improvements in the existing Disneyland theme park or in the surrounding area within the project site boundaries. Moreover, under the existing economic climate, adequate public funds will not be available for capital infrastruetUre improvements. The ·effects of halting improvementS and investment in the area may be severe. It must be noted that the future economic conditions under this Alternative would be worse than the future conditions which are described under •Baseline Conditions and Trends" in the Draft CRA Fiscal Analysis Summary •Fiscal Analysis•. a draft of which was presented in the April 28, 1993 Staff Report to the City Planning Commission as Attachment A. That report describes t,he future fiscal contributions from the Commercial Recreation Area based upon two planning assumptions: 1) The Disneyland Reson Project would not be implemented; and 2) some continued growth and development within Disneyland and throughout the Commercial Recreation Area would occur.
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In the absence of continued improvement and enhancement of the existing Disneyland theme park and the surrounding area, it cannot be assumed that the enhancement of the Commercial Recreation Area would continue. As noted in the Fiscal Analysis, Maintaining and enhancing the CRA's net contribution to City funds will require an aggressive, on.going effort by the City. The CRA's economy is subject to·a number of potentially adverse factors, including:
•
•
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Competition from other cities and tourist destinations
Constantly changing trends in the convention, tourism and recreation markets Increasing demands on infrastructure and public facilities operations and maintenance
As recognized in the General Plan, Disneyland is the major attraction around which the Commercial Recreation Arca wa formed; it has played and continues to play a substantial role in the development of the Commercial Recreation Area. However, the continued enhancement and improvement to the existing Disneyland theme park and Disneyland Hotel as well as to the other commercial recreation uses within the Project area are essential to preserving the attractiveness of the Commercial Recreation Area to tourists and visitors. Without continued improvement and enhancement of the existing Disneyland theme park and the surrounding area, it is reasonable to anticipate that the adverse factors identified in the Fiscal Analysis would begin to affect the attractiveness of the theme park and the Commercial Recreation Area as a major tourist attraction and would negatively impact Convention Center activity. The loss of substantial amounts of tourist visitors to the Commercial Recreation Area and the loss of revenues from tourism would depress funher investment and improvement in areas beyond the immediate Project boundaries.
There are numerous examples of once-popular tourist areas which have experienced a downward spiral. It is reasonable to assume that a halt in investment and improvement would result in a loss of attractiveness and a decline in visitors, which would result in a further decline in the visual attractiveness and deterioration in the infrastructUr� of the area.
9.13 Further the Purpose of the Commercial Recreation Arg. The Disneyland Resort will be constructed in the Commercial Recreation Area. The City identified the Commercial Recreation Area as a "priority growth" area in its 1990 Economic Development Strategy Plan. The conversion of Disneyland from a primarily one.day visitor resort into a world--class destination resort will further the City's stated goal.
9.14 Maintain and Enhance Anaheim's Position as a World.Class Tomist Destination.
The expansion is made in response to the competitive natore of modem recreational opportunities, and is calculated to keep the Anaheim area at the forefront in the tourism and recreational markets. The Disneyland Resort will upgrade the current park into a top-flight, world-dass destination resort. It will maintain Anaheim's position as one of the country's premier vacation destinations, and establish Anaheim as a world leader in the industry for decades to come. This enhanced status will inject much needed revenues and job opportunities into the Anaheim area economy for decades. 121
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The following Statement of Overriding Considerations was adopted by Resolution No. 96R-176.
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ATTACHMENT C
StrBSTANTIAL BENEFI'lfl
1. The adoption of Development Agreement 96-01 (the
•oevelopment Agreement•) will facilitate the implementation of the Project and the public improvements described in the Final EIR and the Mitigation Monitoring Program. The draft Development Agreement vests certain development rights in the Applicant and creates various obligations on both the City and Disney to cooperate in the implementation of the Project. In exchange, and based on certain conditions, the applicant will agree to develop the Opening Day Project.
The Development Agreement will formalize the public/private partnership which was described in the 1993 statement of overriding Considerations. Additionally, the Development Agreement will require the •up-front• implementation of public improvements identified in the Final EIR, Mitigation Monitoring Program No. 0067 and the 1993 statement of
overriding Consi�erations. In addition, the Development Agreement addresses the implementation of the Conditions of Approval, including the requirements for funding of
affordable housing in the vicinity of The Anaheim Resort Area.
2. The Development Agreement will help preserve key industries of statewide importance, particularly tourism and
entertainment, by-addressing development of an integrated destination resort including hotel, entertainment and theme park uses. As described in the Final EIR and the EIR
Addendum., longer visitor stays will be encouraged by the variety of theme park, entertainment, retail and hotel
opportunities at The Disneyland Resort. As previously
described in the 1993 Statement.of Overriding
Considerations, these industries are vital to the economic health of the City, region and state. The indirect benefits of this development will include substantial revitalization of the site and the surrounding area.
3. Development pursuant to the proposed Development Agreement will generate great numbers of jobs for area residents. An economic and fiscal impact analysis prepared by Sedway Kotin Mouchly Group for The Disneyland Resort (the •smG Report•), dated July 2, 1996, a copy of which is on file with the City Clerk, demonstrated that approximately 13,900 new jobs will be created by the operation of the Project including the following: approximately 4,900 jobs; 2,200 induced jobs; and 1,000 indirect jobs. Additionally, construction of the
Project will result in substantial construction employment opportunities. Approximately 13,900 person-years of
construction employment will be required to complete
development of The Disneyland Resort and the retail floor area and hotel rooms induced by the Project (approximately I
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11,500 direct person-years, 1600 induced person-years and 800 indirect person-years).
The SKMG Report describes the employment growth that could be induced by the effects of tQe Project in the regional economy. The Sl<MG Report notes that within Southern
California, the Project would result in a total•annual
employment of 14,500 jobs and a total construction
employment of approximately 29,000 person-years.
4. Development of the Opening Day project will increase economic opportunities �or existing businesses including construction companies and, in the long term, related
tourism, restaurants, manufacturing, entertainment, retail and other businesses.
s. The Development Agreement requires implementation of the Modified Mitigation Monitoring Program No. 0067, including the Mitigation Measures and Project Design Features, for the Project, even though the Development Agreement addresses only a portion of the Project for which those mitigation measures were designed. As a result, numerous public
improvements will be completed as a condition of the opening Day Project which would otherwise be implemented on an
incremental basis.
6. The Development Agreement addresses the visual enhancement and revitalization which will be facilitated and encouraged by the Development Agreement through the economic and visual enhancement and redevelopment within The Disneyland Resort.
The Development Agreement also requires the impleaentation of project design features and mitigation measures such as landscaping, screening, signage, streetscape and
architectural requirements.
0020661,01
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EXHIBIT K
West Street/Disneyland J)rive Realignment
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West Street I Disneyland Drive Realignment
This plan is a graphic representation of a preliminary conceptual design and configuration of the West Street/ Disneyland Drive realignment The realignment shown on this plan may be revised during detailed design and engineering.
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EXHIBIT L
Impact )!ees
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Impact Fees
• Traffic Signal Assessment Fee (AMC § 14.5-8).
• Citywide Transportation and Impact and Improvement Fee (AMC § 17.32). • Fire Protection Facilities and Paramedic Services Impact Fee for Anaheim Resort (AMC § 16.40).
• Anaheim Resort Water Facilities Fee Program (Rule 15E, Resolution No. 95R-140). • Sanitary Sewer Impact and Improvement Fee Program for South Central Area (AMC § 10.12.085).
• Storm Drain Impact Fee and Improvement Fee for South Central Area (AMC § 10.4). • Other Impact Fees in Exis�ence as of the Effective Date.
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LEGAL DESCRIPTION OF DISNEY PROPERTY
PARCEL 1: (AmERAL COVE)
P.11...�CEL 2, IN THE CITY OE" ANAHEIM. COUNTY 0? ORANGE, STAT:: OF CALIFORNIA, AS PER K.-'\P RECORDED IN BOOK 78, PAGE 42 OF PARCEL MA?S, IN THE OFFIC� OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: INTENTIONALLY OMITTED
PAP.CEL 3: (ANA.HEIM JUNCTION - SCHLUND)
ALL OF DISNEY'S RIGHT, TITLE MD INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (ANAHEIM JUNCTION) DATED AS OF SEPTEMBER 13, 1993, BY AND BETWEEN LAURA SPRANG, TRUSTEE OF THE �OHN M. SCHLUND REVOCABLE TRUST ESTABLISHED UNDER DECLARATION OF TRUST DATED JULY 1, 1991, MP>RY WORTHY, LISA WORTHY DOOSE, MARLA WORTHY EGAN, N. MICHAEL WORTHY, DAVID H. KAUFMAN, AS SUCCESSOR TRUSTEE OF THE BARBARA SCHLUND KAUFMAN TRUST DATED JULYS, 1986, CLYDE B. SCHLUND AND JOAN M.
SCHLUND, AS TRUSTEES OF THE SCHLUND FAMILY TRUST DATED SEPTEMBER 26, 1991,
JONELL ELAINE SCHLUND AND JAN MARIE ARAKELIAN, AS LANDLORD, AND DISNEYLAND, A DIVISION OF WALT DISNEY WORLD CO., AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THE SOUTH RALF OF THE NORTITT/EST QUARTER 0: THE !WRT!-:w::.ST QUA.RTE?.. OF THE NORTmrEST QUA...-0.TER OF SECTION 22, TO\./NSHIP 4 SOUTH, ?-.!.,.NGE 1 D \.!"'EST, IN THE ? .. A.NCF.O SAN JUAN CAJON DC: SANTA ANA, IN THE CITY OF ANAHC:I!-!, COUNTY OF OR.A.NGE, S'I':\TE OF CALIFORNIA, AS PER 1-LA..P RECORDED IN BOOK 51, PAGE 10 Or HISCELU .. NEOUS �L.\?S, IN THE OFFICS OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4: (KOA CAMPGROUND)
PARCEL 2, IN Tr.E CITY OF ANAHEIM, COUNTY Of ORA.NGE, STAT::'. OF CALIFORNIA, AS SHOWN Otl A HAP FILED IN BOOK 28, PAGE 36 o::- PARCEL HA?S, !N TH:'.: O?F!CE OF THE COUNTY RECORDER 0? SAID COUNTY.
?f..?,CEL 5: { DISNEY BOH - SCHLUND)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (BACK OF HOUSE) DATED AS OF DECEMBER 1, 1993 BY AND BETWEEN CLYDE B.
SCHLUND AND _JOAN M. SCHLUND, AS TRUSTEES OF THE SCHLUND FAMILY TRUST DATED SEPTEMBER 26, 1991, JONELL ELAINE SCHLUND AND JAN MARIE ARAKELIAN, AS LANDLORD, AND DISNEYLAND, A DIVISION OF WALT DISNEY WORLD CO., AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY�
LEGAL DESCRIPTION -PAGE l
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Tr.E: SOUTh-wEST QUARTER Of T:E NORT'i-,:-, .. t::ST QU.�:..E?.. O'f T�;:: UO?.'IY:i"EST QUA?-.E?.. 0: S2CTION" 22, TO'i-irlSHI!? 4 SOUT:-:, RANGE 10 w""SST IN T�Z R,_!.,SC�O SAN JUi•.!I C.!.JQN n::: SANT . .!.. Al-lA. IN TH:::: CITY O? .-VlA..=-tEIM. COtJNTY OF Q'R_..!.,.NGS, sv:�s 0: C:-.LEO?J•n:."-., _.:..s S�O',i'N ON _.,,_ H."'.? ?.ECO?-.DSD IN BOO� S!, ?AGE 10 0: MISCELU..NC:OUS HA?S, ?.:'.CORDS 0: 0?��..:.'1G='. COu:i'I'Y, c.:..LI?O?,MIA. :::<:CE?TING ti:i::?,E:?.OH THE i-.'ZST::?,LY 336 ::::::T 0: T�E SOUTnE:?,�':' 265 FC:ST OF SAID SOUThl-.SS7 QU."'.?.TE?,.
?}-.RCEL 6: ( om-1::s - SCHLUND)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (DUNES/VACANT LAND) DATED AS OF DECEMBER 1, 1993 BY AND BETWEEN CLYDE B. SCHLUND AND JOAN M. SCHLUND, AS TRUSTEES OF THE SCHLUND FAMILY TRUST DATED SEPTEMBER 26, 1991, AS LANDLORD, AND DISNEYLAND, A DIVISION OF WALT DISNEY WORLD CO., AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:.
Trl:...T PORTION OF THE YEST H1\.LF 02 THE SOUT:i iiALF OF THE UORTHWEST QUP.-�TER OF THE NORTITT-IBST OUA..�TER OF SECTION 22, T0w"1-IS:!IP 4 SOUTH, R,u�GE 10 i-tEST, IN THE RANCHO SAN jUAN CAJON.DE SANTA ANA, IN THE CITY OF ANAfiEIH, COUNTY OF OR..WGE, STATE OF CALIFORNIA, AS PER H..\.P RECORDED IN BOOK Sl, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID OR.l-.NGE COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTHERLY 265.00 FEET OF TH� w-SSTERLY 335.00 FEET OF SAID WEST HALF OF THE SOUTH f.ALF OF THE NORTHWEST QUARTER OF THE NORT:fw"::ST QUf:,TER 0: SAID SECTION 22.
EXCEPTING THEREFROM THE SOUTHERLY 190.00 FE�T OF THE w"ESTEaLY 200.00 FEET. ?A?..CEL 7: (VACANT - SCHLUND)
ALL OF DISNEY'S RIGHT, TITLE ANO INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (DUNES/VACANT LAND) DATED AS OF DECEMBER 1, 1993 BY AND BETWEEN CLYDE B. SCHLUND AND JOAN M. SCHLUND, AS TRUSTEES OF THE SCHLUND FAMILY TRUST DATED SEPTEMBER 26, 1991, AS LANDLORD, ANO DISNEYLAND, A DIVISION OF WALT DISNEY WORLD CO., AS TENANT, WHICH LEASE ALSO AFFECTS THE FOLLOWING REAL PROPERTY:
SOUTHERLY 190.00 FEET OF THE WESTERLY 200.00-FEET OF !HE w�ST ONE-HALF OF THE SOUTH I. _ONE-tiALF -OF THE NORTHWEST ONE-QUARTE?, OF TiiE NORTnw":.:S1' ONE-QUARTER OF SECTION 22, TO�"NSHIP 4 SOUTH, RliliGE 10 WEST, S.3.B. AfrD M., IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS ?ER �-�P RECORDED IN BOOK 51, PAGE 10 OF MISCELL.A.NEOUS HAPS, RECORDS OF O?�:...t-lGE COUNTY, CALIFORNIA, IN THE P--:....NCHO SAN JUAN CAJON DE SANTA.
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PARCEL BA: (VACATIONLAND-SCHLUND)
ALL OF DISNEY'S RIGHT, TITLE ANO INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (VACATIONLAND) DATED AS OF JANUARY 1, 1993 BY AND BETWEEN JOAN M.
SCHLUND AND PHYLLIS J. CRAWFORD, CO-TRUSTEES UNDER THE WILL OF SEREPTA A.
MOHN, AS LANDLORD, AND WALT DISNEY WORLD CO;, SUCCESSOR-BY-MERGER TO WCO LEGAL DESCRIPTION -PAGE 2
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VACATIONLAND, INC., AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THE SOUTHEAST QUARTER 0: Ti-!£ NO:t'i':i2AST QU . .:..P,TE:t 0: T:-:E NO:tTnE.AST QUA.�E?, OF SECTIO/j 21, TOWNSHIP 4 SOUTH, RANGE 10 i-i'"EST, IN T;-:E: ?��.:iCHO SAN jUAfl C.'.JON DE s . .:.JiTA .!.N:"., CITY Or A.NAHE!M, COUNTY OF OR.1\.NGE, STATE OF U.LIFO:Uil:\., AS ?3. t-L�.? R::CO?,DED IN ::.DOK 51. PACE 10 OF HISCELLA..NEOUS HAPS, IN THE OFFICE O? THE COUNTY RECORDE:t OF SAID COUNTY.
EXCEPT THEREFROH AN UNDIVIDED ONE-HALF ImEREST IN AND TO THE FOLLOwING: COMHZNCING AT A POINT ON THE E.l\.ST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOwrlSHIP 4 SOUTH, RANGE 10 w'EST, s. B. B. AND M., WHICH POINT IS 427 FEET NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE AT RIGHT ANGLES WESTERLY 84 FEET; THENCE AT RIGHT ANGLES NOaTHERLY 34 FEET; THENCE AT RIGHT ANGLES E.ASTERLY 84 FEET TO SAID c::}.ST LINE; THENCE SOUTH ALONG SAID EAST LINE 34 FEET TO THE POINT OF BEGINNING.
SAID LA.NO IS INCLUDED w!THIN THE .!.REA SH0:,,.1r O!� A �L.\? FILW IN BOOK 100, PAGE 24 OF RECORD OF SURVEYS, IN THE OrFICE O? SAID COUNTY RECO?..DER.
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PARCEL 83: (TENNISL..,;.ND - SC:::LU1W)
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ALL OF DISNEY'S RI_GHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT (TENNISLAND) DATED AS OF JANUARY l, 1993 BY AND BETWEEN JOAN M.
SCHLUND AND PHYLLIS J. CRAWFORD, CO-TRUSTEES UNDER THE WILL OF SEREPTA A.
MOHN, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BY-MERGER TO WCO VACATIONLAND, INC., AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
Tri:: SOUTh"'\EST QUf.3.TER OF THE NOR'!'HE..\..ST QU."'-�TER OF T::E NO?.T:-'.S..!..ST QU.J._°'-TER OF SECTION 21, 10;.;11sHIP 4 SOUTH. R..,.'....NGE 10 we.ST, IN THE ?�J.J�CHO Sf._"-1 jUAN c.um� DE SANTA ANA, CITY OF A.NAEEIM, COUNTY OF ORANGE, STATE or CALIFO�NIA, AS ?E?.. �U-.? RECORDED IN BOOK 51, PAGE 10 O? HISCELL.\NEOtrS H.A.?S, IN THE O:'"?ICE 0: T2E COUNT'" :' ?.2:CO?..DE:l OF SAID COUNTY.
:::<CE?TING THE?,EF:lO�f AN UNDIVID::D 4 / S'i':--1S lNTE?.EST Hi AND TO THE :OLLOwrnG:
3EGINN1NG AT Ti:E SOUTHc...A..S'!' CO?..NER OF T:E. sounrw::ST QU!-.?.T'::?. 0: T�:: NO?..T:EAST QU:1-'lTE?. OF THE !·iOlTiEAST QU:13..TER OF S.:\ID SECTION 21; Tr!ENCE NO?..T?i 50 :EET; THENCE AT ?..IGH.T P..NGLES - w""::ST 2s· FEET; THENCE AT RIGHT A.NGLES SOUT.:{ 50 FEET; TnE:tfCE EAST 25 FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHO\o.'N ON A K.\P :I.LING IN BOO:< 100, ?AGES 3 7. A.I-ID 38 OF PARCEL H_A.PS AND It-iCLUDED \.l"ITHIN THE AREA SHOWN ON A HAP FILED IN o00'.:( 100, !?AG£ 24 OF RECORD OF SU?,VEYS, IN THE OFFICE OF SAID COUNTY RECORDER.
PAitCEL 9A: (DISNEY STRAW3ERRY FELD)
THE w�ST 264 FEET OF THE NORTH !{ALF Or THE w"EST liAL: OF T�E SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, ?�...NGE 10 WLST, SAN BERNARDINO BASE AND HE:RIDI.f\ .. N, !N THE RANCHO SAN 3U:'-2I CAJON DE S.t._�TA ANA, CITY OF A.NAHE!H, COUNTY OF O?-..�NG2, STATE OF CALIFORNIA, AS s:-10;,.,'11 ON f.. :-L-1..P RECO?..D�D IN BOOK 51, PAG'E 10 OF HISC:.'.!..L.t...NEOUS t-U•.PS, IN THE OFFICE 0� THE COUNTY RECO?...DE?, OF S.t,1D CO'IJ'NTY.
EXCE?!ING THERE?ROM THE NORTH 179.05 ----
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LEGAL DESCRIPTION -PAGE 3
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?.AJ!.C.SL 9B:
T!i./-.T PO?SIOU O? TriE NORTH H,_.i_L? Q'::" 7;-!::' i,;""E:S'i' ;..:!L;:- o;:- 7';_;;:- soun.1;:-_is', OU!:)',;:-:: o-=- 'i'H2 MO?, TE.:.AST QUARTE3. OF SECTION 21 ,
" T�w��SHI? • 4 ·-;ourH •• ��;_;;c.:: 1; ··�s�, · s:.i�; • ;�?-N;.._�;r No BASE A.ND rERIDI . .!._"'i, IN THE RA.NCHO Sf.J{ JUAN CAJON D:: SANTA ANA, CITY Or ANP.3EIM, cc::,TNTY 0? 0?-.iJ�GE, STATE OF CALIFORNI.:o.., AS SHQ;.iN ON A 1-!.l-.? ?,ECO?..DED IH BOO::: 51, ?AG:: 10 O:' MISCE:LL.;NEOUS l·tt...?S' IN THE OF::IC".:: OF TEE COUNTY RECO�DE?.. OF SAID coi:.nny. DESCRIBE!) ?-.S :'OLLOWS:
BEGINNING AT THE NORTH"•,fEST CORNER OF Tr!E NO�TITT-/'EST QU.-\?.T='.R OF TH='. SOUTHE...i.ST QUA..�TER OF THE NORTHEAST QUARTER OF SAID SECTION 21, AND RUNNING THENCE SOUTHERLY 344. 06 FEET TO A POINT; THENCE EASTERLY 647.70 FEET TO A ?OINT; THENCE NORTHERLY 344.06 FEET to A POINT; THENCE WESTERLY 64 7. 70 FEET TO THE ?OHIT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 165 FEET OF THE \.l'EST 264 FEET.
PA.�CEL 9C:
THE �C:ST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUA.RTER OF SECTION 21, . TOwrlSHIP 4 SOUTH, RANGE 10 WEST, SAN 3ERN.��DINO BASE AND H:::RIDIAN, IN THE R.'\NCHO S,VI jUA!I CAJOU DE SANTA ANA, CITY OF ANAHEIM, COUNTY Or ORA!lGE, STATE OF CALIFORNIA, AS SHO',TH ON A MA? RE:CORDED IN BOOK 51, ?AGE 10 OF HISCELUJEOUS HA?S, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COtrnTY. �
EXCEPTING THEREFROM THE NORTH 344.06 FEET.
Al.SO EXCEPTING THEREFRO�{ THE \.TEST 264 FEE:T OF TiE NORTH f_.\.L'f OF 7HE \./"EST H>.LF OF TEE SOUTHE..-\ST QUAR'i'ER OF THE NORTHEAST QUARTER OF SAID SECTION 21. f.LSO EXCEPTING FROM THE SOUTH'w2ST QUA.?,TE:t OF THE SOUTH2..A.ST QU.A_-tTE?, _ OF THE NO?-.THE..-4,,ST
QU!-..?..TE:I. OF SAID SECTION 21, AN UNDIVIDED ONE-H.-'-.L: INTE?..EST IN ALL OIL, GAS AND OTnE?, r:YDROC:\RBONS AND MINERALS NOW OR AT r.HY E!-!:: HE?..:.AFTER S!.TU.!'.TE THEREIN AND THE?,:.UND::?...
THE piTEREST H:E?..EIN RESERVED, SAVED A.ND E'.<'.CE?TED SH.ALL 3E :REE A.ND CLE.A_'!:/. OF ALL COST :OR E:<?LORATION, DRILLING AND }LA.JL:ZETING 0: ?.NY AND ALL OIL, GAS �-"'iD OTHER HYDROCAR3m!S ?.ND HDIE�A.LS BY REASON OF A.t-f'f EXPLO?-..i.TION 0?, D?..ILLHiG FO?. SUC:i OIL, GAS A.ND OTHE:l 1-iYD?,OCA?...BONS A.HD HINEP .... .i.LS OR THE MA?3.ETIUG 0: ANY SUCH OIL, GAS J...HD OTHER HYD?.OCA?..B01iS t-1-iD HINE!Lti.LS SAVED OR PRODUCED BY GR.ANTEE, ?.IS iEIRS , ?E?..SONAL ?.ES ?RESENT A TIVES , SUCCESSORS, LESSEES OR ASS IGUS, AND SrLA.LL ?1.8.THER BE FR='.2 OF AffY OTHER EXPENSES IN CONNECTION THERE"wITH WITHOUT THE GRANTOR'S PRIOR w?..!TTEN CONSENT TO ANY SUCH EX?LO?-A.TION, D:tILLING OR MARKETING, f.S RESERVED BY BA..t.r:<: 0: A.>'E?,lCA NATIONAL TRUST AND - SAVINGS P.SSOC!ATION, A NATIONAL BAN:,ING ASSOCIATION, !N f. D:EED FILED FEBRUA.'Cl..Y 25, 1942, AS TORRENS DOCUMENT NO. 9076, C�RTIFICATE NO. 9l54. ?A?..CEL 9D:
THE E.�STERLY 13.16 FEET OF THE NORTHERLY 344.06 FEET OF TH� NORTH\fEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHE..A.ST QUARTER AND THE E..�ST ��LF OF THE SOUTr.E.o\ST QUA.RTE?.
OF THE NORTHEAST QUA.�TER OF SECTION 21, TOw�ISHIP 4 sours. P�-WGE 10 \.,"EST, SAN 3E?,NARDINO EASE A.1.\fD MERIDIAN, IN TrE RANCHO SAN JUAN CAJON DE SA.1-ITA MA, CITY OF ANP.-�EIH, COUNTY OF ORANGE, STATE OF CAL!FO?,NIA, •4.S SHOw1� ON A 1-tt...? RECORDED IN BOO!< 51.
PAGE-1O OF MISCELLA.NEOUS MAPS, IN THE OFFIC� OF THE COU11TY RECO�DER OF SAID COUNTY.
E;{CEPTI!1G THEREFROH AN UNDIVIDED ONE-:-L.!.LF INTEREST IN AND TO THE PUMPING PLA.NT NE..o\R THE MIDDLE AND ALONG THE C:.AST SIDC: OF THE SOUTlEAST" QU.t-.2,TER OF !HE SOUTHE.c...ST QUARTER OF THS NORTHE.AST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, R.t\. . .NGE 10 w"EST, S. B. B. & H .. CONVEYED TO WILLARD BISHOP FAY BY DEE!J D.!.'!:ED JANUARY 2, 1919.
LEGAL DESCRIPTION -PAGE 4
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?ARC::'.L lO: (DISNEYL..A..ND nOTEL)
LOTS l, 2, 3 _AJW 4 IN BLOCK 14 OF THE ?AI?.V!::-w COLONY T?�A.CT, IN THE CITY OF _t._1'/f2EIH, COU1'fTY OF ORA.NG'::, STATE Or CALIFORNIA, AS �::O',iN ON ;.. 1-L�.P S:-iOi-.'ING ?:E SUBDIVISION OF Tn2 SOUTE tL.!,,LF OF s::CTION 21, TOitNSHIP 4 SOU7:i, P�.1SGE: 10 ',;�ST. ?..E:CO:tDE:D IN BOO;( l, PAGE 33 Or MISCELLtj-{EOUS RECO�D MAPS, HI T:".2 OFFICE: OE' 7:i'.:: comnY RECORD'.:::l Or SAID COUNTY.
EXCEPT FROH S.·HD LOTS 3 A.ND 4 THE FOLLOi..'Im:; OE:SCRIB:'.D U-.. ND:
BEGINtHNG AT A POINT OF INTERSECTION OF THE: CWTERLINE OF THE 60-FOOT ROAD AS Si:10\./'N ON SAID HAP, ADJOINING BLOCKS 14 AND 15 OF SAID FAIRVI�� COLONY TR.ACT ON THE EAST, �ITH THE �\STERLY EXTENSION OF THE LINE COMMON TO SAID BLOCKS 14 AND 15; THENCE �OUTH 89 ° 45' 28" '\«:ST 620. 29 FEET ALONG SAID EXTENDED LINE AND ALONG THE LINE co�mN TO SAID BLOC�S 14 AND 15, TO THE TRUE POINT OF n'.::GHiNING; - Ti-i::NC:; NORTH 0 ° 05' 20• YEST, 26. 50
FEET; THENCE SOUTH 89 ° 45' 28• W"EST, 104.54 F:::ET; TEENC::: SOUT� 0 ° 05' 20" E.AST, 26.50 FEET TO THE LHl"E COMHON TO SAID BLOCKS 14 A.ND 15: TH:':NCC:: IWRTH 89 ° 45' zs· EAST 104.54 FC::ET ALONG s.:..ID LINE TO THE TRUE: POINT OF oC::GHiNING. ·>-
SAID L.\ . .ND IS ItlCLUDED w!THIN THE A?...EA o:::L.":E:N:':.AT'.::D ON .�. W.? ::IL:'.D IN BOO:( 54. Pf-.GE 44 OF RECORD OF S1.8.VEYS, IN THE OFFICE OF Tr.E COUNTY ?..ECO?..D'2R 0: SAID COUNTY.
PARCEL 11: INTENTIONALLY OMITTED
PARC2L 12: (GOD?ATHERS)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT DATED AS OF AUGUST 21, 1991 BY AND BETWEEN JAMES W. SEMON, NAN KAY SEMON AND JOHN D. SEMON, AS TRUSTEES OF SEMON 1 TRUST, AND RONALD J. SISEL, GARY D .. SISEL AND KATHLEEN J. SISEL, AS TRUSTEES OF SISEL 1 TRUST, AS LANDLORD, AND WALT.DISNEY WORLD CO., SUCCESSOR�BY-MERGER TO DEVONS9N CORPORATION, AS TENANT; WHICH LEASE AFFECTS THE FOLLOWING REM, PROPERTY:
Tr!E SOUTH 150.00 FEET OF THE NORTH 565.00 :EST OF T:E =2..�.s-r 300.00 FEET 0: LOT l OF T?.. .. .\.CT UO. 2854, !N Ti-!E CITY OF AHArEI�t. COUNTY OF O:-l:'.J�G'.::, STATE O? CALIFO?.NLi., AS SHOwN ON A l-L'·.P RECORDED IN BOOK 90, PAGES 39 AND 40 OF HISCELLA.!:EOUS MAPS, IN THE - O?Fic:: o? TH:'. COUNTY RECORDER. Or SAID COu1iTY.
SA:ID L-\ND IS .!..LSO S:iOWN ON A t-! .. ".P ?!LED Ji.im: 25. 1957 IN 300� 37, ?AGE 15 0: R�CORD 0:
SU?,VEYS. HI T:-lE OfcICE OF THE COUNT'::' ?,ECO?,DE� O? SAID cmn;T':.
EXC:'.?TING T;E?,2:?,0!'·! ALL UNDE?..G?,OUND t-'AE?,S LY!.tiG 3E�12ATn SAID L�•.ND :OUT ',HTnOUT THE :UG:iT Of ENTRY TO THE SU?..FACE THERE:OF FO?, T!E ?URPOSE 0: ??..OVIDING i-.'ATER AS StT FORTH IN A D::::ED TO DY:-:.E \./'ATER COM.PANY RECORDE:D AUGUST 26. 1954 IN 300;( 2801 p_.\GE 410, OFFICIAL RECO?..DS.
LEGAL DESCRIPTION -PAGE 5
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I ?.-\.RCEL 13: ( A?OLLO)
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ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT DATED AS OF AV�UST 21, 1991 BY ANO BETWEEN BOWEN WEST, A CALIFORNIA GENERAL PARTNERSHIP, AND JERRY L. BOWEN, AS TRUSTEE OF THE HAZEL V. BOWEN TRUST, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BY-MERGER TO DEVONSON CORPORATION, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THE SOUTH 200 FEET OF THE NORTH 7B5 FEET OF THE �'\ST 300 FEET OF LOT l OF TRACT NO. 2854, IN THE CITY OF ANA.HEIM, COUNTY OF O�"'.NGE, STATE OF CALIFORNIA, AS SHOYN ON AH!-.?· THE?..EOF REC03.DE:D IN BOOK 90, PAGES 39 AND t.O, HISCELL.:\NEOUS t·t'\PS, IN THE OFFICE OF Tii2 COUNTY RECORDER OF SAID COUNTY.
SAID L-\ND IS ALSO SHOWN OU A HAP FILED IN BOO:<. 3 7, PAGE 15 OF RECORD OF SURVEYS.
EXCEPTING TiEREFROM ALL UNDERGROUND '\..'P..TE?..S LYING BEN2..!i.TH SAID L.i\.ND BUT WITHOUT THE RIGHT OF ENTRY TO THE SlTRFACE THEREOF FO� THE ?U?-POS£ OF PROVIDING WATER AS SET FORTH IN A DSED TO DYX.E WATER COM?P..NY RECO:WED AUGUST 26, :..954 Hi 300'.< 2801 PAGE: 410, OFFICIAL RECORDS.
?A.RC:::L 14: (L�l1?LIGHTER)
THE SOUTH 175 FEET OF THC: NORTH 960 FEET OF THE: EAST 300 ?SET OF LOT l OF TRACT NO. 2854, IN THE CI?Y OF ANAHEIM, COUNTY OF O?....;,,.'IGE, STATE OF CALIFORNIA, AS PER. H.A.P RECORDED IN BOOK 90, PAGES 39 AND 40 OF MISCELLANEOUS �.A?S, IN THE OFFICE OF THE COUNTY ?,ECORD::?.. OF SAID COtJNTY.
SAID LWD IS ALSO SHOw"N ON A K'\P FI LSD JCJN'E 26, 1957. W 300K J 7, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECO?-DER OF SAID COuriTY.
EXCEPTING THEREFROH ALL UNDERGROUND wATE�S LYING BEN��TH SAID L'\ND BUT wITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE PURPOSE OF PROVIDING wATER AS SET FORTH IN A DEED TO DYKE \./'ATER COMPANY RECORDED AUGUST 26, 1954 HI BOOK 2801 PAGE 410, OFFICIAL RECORDS.
PARCEL. 15: (PRINCESS)
Tl-!E EAST 300 rEE:T Of LOT 1. Ta.ACT 2854, :rn THE CITY Or . :._>-:.-UiE:It-1, COUNTY OF ORANGE,
ST}-.TE OF CALIFORNIA, AS SHOwN ON A M.AP R�CO?..DED IN 300;( 90, Pf.G:'.S 39 P..ND 40 OF MISCELLA.NEOUS W,.PS, IN THE OFFICE OF THE COUNTY RECORD:'.?.. OF SAID . .COUNTY.
EXCEPT THE NORTH 960 FEET THEREOF.
ALSO EXCEPT THAT PO?..TION THE?,EOF LYING SOUTH OF A LI!E ? . .!.3 .. ,\LL�L wITH AND 210 FEET NO!'-TH OF THE SOUTH LINE OF T:-iE SOUTkE.A.ST QUA.E1.T:::R OF S:'.CTIOt� 21, TOwNSHIP 4 SOUTH, ?�'\NGE 10 \EST, IN THC: P�.\.NCHO SAN JU . .:.�f CA.JOH o:: SAllTA fJi;._.
SAID L.WD IS ALSO SHOw"N ON A 1-1.-\P FIL::D IN BOO:( 3 7, Pr.G:: !.5 AND BOOK 39, PAGE 6, OF ?,ECORD OF SURVEYS.
LEGAL DESCRIPTION -PAGE 6
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EXCE?TING TJ-i:'.?,EFR.OH ALL UNDE:RGR.OUND i:..:ATE?,S LYING E::N:::..:..T11 s.�.rn L�/0 oUT l,.,'I'!i-iOUT THE ?,IGHT OF ENTRY TO TH'.:: S(J?-FACE TH'.::?,::o? =0:t T:iE ?U?.?Os:: 0: ??,ovrn:u:c wATE?.. .!,$ SET FO?,T:-:
IN A DEED TO DY:{E l,.,'.-i.TE:t COt-':.?AN': ?-'.::CO?-DED .�.uGUST 25, 1954 ::::; 300:C 2301 ?AGE 410, O�?ICIAL RECO�DS.
PARCEL 16: (SHELL STATION)
That portion of Lot l of Tract No. 2854, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 90, Page 39 and 40 of Miscellaneous Maps, in the office of the county Recorder of said County included within the East 190.00 feet of the South 210.00 feet measured along the South and East lines respectively of section 21, Township 4 south, Range 10 West, as shown on a Map of Fairview Colony Tract, recorded in Book l, Page 33 of Miscellaneous Maps, in the office of the County Recorder of said County;
EXCEPTING THEREFROM that portion described in a Final Order of Condemnation to the City of Anaheim, a Municipal Corporation, recorded July 12, 1957, in Book 3972 Page 242 of Official Records,
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PARCEL 17A: (DISNEYLA..ND HOTEL)
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PLllCELS 1 AND 2, IN THE CIT'! OF AHA..�SIK, comnY OF O?�.!.JiGE, STATE OF CALIFORNIA, AS SHOw"N ON AH.AP FILED IN BOOK 136, PAGES 28 :21D 29 O? ?X?..CcL HAPS, IN THE OFFICE OF THE COIJNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL UNDERGROUND wATERS LYING BEN:t:.�T� SAID LA.ND BUT YITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE PURPOSE O? ?ROVIDING �ATER AS SET FORTH IN A DEED TO DYKE wATER COMPANY ?-:::CORDED AUGUST 26, 1954 IN BOOK 2801 PAGE 410, OFFICIAL RECORDS.
?ARCE:L 17B:
!rL�.T PORTION OE' LOT 1 OF TR.A.CT NO. 2854, I!-1 T?!E CITY OF. 1-2t;. .. HEEt, COtn-lTY OF OR.�GE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGES 39 A.�D 40 OF MISCELLANEOUS MAPS. IN THE OrFICE OF THE COUNTY RECORDER OF SAID COUNTY; LYING SOUTHERLY OF A LINE .}-rd!CH rs J?ARALLEL WITH AND 570. 00 FEET NORTHERLY FROM T:E CENTERLINE OF K.l,.TELL>\ AVENUE, AS SAID CENTERLINE IS SHOwl'I ON SAID �l�P EXC:C:PT Tf-�T PORTION THEREOF LYING EAS3ERLY OF A LINE WHICH IS PA."!ZALLEL wITH AUD 420.00 FEET EASTERLY FROH THE CENTERLINE OF i-lALNUT STREET, AS SAID CENTERLINE IS SHOw1i ON SAID MA?.
EXCEPTING THEREFROM ALL UNDERGROUND w'ATERS LYING :a.ENE.A.TH SAID L.i\..!ID BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE PURPOSE OF PROVIDING wATER AS SET FORTH HI A DED TO Dy:<E: 1-fATER CO!·LPAlN RECO?-DED AUGUST 26, 1954 IN BOOK 2801 PAGE 410, O:FICIAL RECORDS
LEGAL DESCRIPTION -PAGE 7
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?p._tzcEL 1 7C:
Ti--_A.T PORTION O? ?,LOCKS l4 AND 15 O? rnE ?A!?.VIE'.,' COLOt;y T?��.cr. IN ,:-:=-: CITY O? .·\..N • .\.!.i::'.IM.
COUNTY OF ORANGE, STATE OF CALIFO:UHA, AS SHOi-iN ON A 1-"L.\P S:iO:.,HNG Tri:'. SUBDIVISION OF iHE SOUTH !-iALF OF SECTION 21, TOWNSHIP 4 SOUTH. itANG� 10 w'=:ST, REC0:1..DED IN 500K l, PAGE 33 OF HISCELL�NEOUS RECORD HA?S, IN Ti-!2 OFFICE O? THE COUNTY ?.::CORD:'.:/.. 0: SAID COUNTY, DESCRIBED AS FOLLOUS:
BEGINNING AT THE POINT -OF INTERSECTION 0: THE CENTERLINE OF THE 60-:OOT R0.0 AS SH01"N ON SAID HAP, ADJOINING SAID BLOCKS 14 AND 15 ON THE C:.AST, wITH THE EASTERLY EXTENSION OF THE LINE COHHON TO SAID BLOCKS 14 .. urn 15; THENCE SOUTH 89 ° 45. za· WEST ALONG SAID EXTENDED LINE AND ALONG THE LINE COMHON TO SAID BLOC:<S 14 . .1.No 15, 620. 29 FEET TO THE TRUE POINT OF BEGINNING: THENCE FROM SAID TRUE POINT OF 3E.GINNINc;...NORTH 0 ° 05' 20 •
w""EST 26.50 F?:ET; THENCE SOUTH 89 ° 45' 28" wEST 104.54 FEET; THENCE SOUTH 0 ° 05' 20" EAST 73.00 FEET; THEHCE HORTH 89 ° 45' 28" c..i...ST 104.54 FEET; THENCE HORTH 0 ° OS' 20"
WEST 46."SO FEET TO THE T'ElU:'. POINT OF 3EGINtllNG.
SAID LA.ND IS INCLUDED WITHIN THE A.RF.A DELrnE.ATED ON !--. !-L.!..? FILED IN BOO!( 54, PAGE 44 0? ?..ECO?..DS OF SU?..V2Y, IN THE OFFICE OF SAID COUNTY RECO�DE:l... :':XCEPTING TnERE?ROK ALL UNDERGROUND wATC:RS LYING BENE.:\TH SAID U, ... ND BUT T.-TIT20UT THE RIGHT OF ENTRY TO THE SU?..FACE THEREOF FO?.. THE PlBPOSE O? ??..OVIDING wATER AS SET FORTH IN A DEED TO DY:.ZE i•iATE?, COHPANY ?..ECORDED .-'-.UGUST 26. 1954 IN 300K 2.801 PAGE 410.
OFFICIAL RECO?.DS.
PARCEL 17D:
THE EASTERLY 500. 00 .FEET OF LOT l IN BLOC�� 15 OF T�:S FA!?,1/IE".I COLONY TR .. .A.CT, IN THE:
CITY OF A.N�-•iEIH, COUNTY OF OR.ANGE, STATE OF CALIFORNIA, AS SHOW ON A H..t...P RECORDED IH oOOK 1, PAGE 33 OF MISCELL.WEOUS !-Lt...PS, RECORDS OF O?-•\NG':: COUNTY, CALIFORNIA.
EXCEPTING THERE?ROM THAT PORTION OF SAID L!iliD INCLUDED V!7HIN THE LINES OF TR.ACT NO. 2854, .AS SHO\-i'"N ON A li.A..P RECORDED IN BOOK 90, PAGES 39 A..:'lD 40 OF MISC:SLLA.1EOUS KA.?S, RECORDS OF OR.-'-..t'!GE COUNTY, CALIFORNIA.
PARCEL 18A: (M.AUERI-L.lill)
ALL OF DISNEY'S RIGHT, TITLE ANO INTEREST UNDER THAT CERTAIN GROUND LEASE DATED JANUARY 1, 1969 BY AND BETWEEN MILDRED V. MAUERHAN, ANNA CLAIRE MAUERHAN AND GRACE,_ L. TAYLOR, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BY- '"MERGER TO WALT DISNEY PRODUCTIONS, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
T�E w"'EST HALF OF THE SOUTHEAST QUA?-.TER OF THE SOUT��ST TOwliSHIP 4 SOUTH, P-A..NGE 10 w�ST, IN THE ?-��CHO SA..� JUf�l Cl TY OF A.Nt._:-iEIM, COUNTY OF ORA.NGE, STATE O? CALii:0?-NL\, K�? ?..ECORDW rn BOOK 51, PAGE 10 OF HISCELL-\NEOUS HAPS, U.LlFORNIA.
EXCE?TING Ti-iE:RC:rROM THE SOUTHERLY 290 FEET.
LEGAL DESCRIPTION -PAGE 8
QUP.?..TER OF SECTION 22,
CAJON DE $_!._1-lTA ANA. IN THE
AS SAID SECTION IS SHOw'"N ON A
RECO�DS OF OR.A.NGE COUNTY,
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?r..?.CS!.. 16B:
ALL OF DISNEY'S RIGHT, TITLE ANO INTEREST UNDER THAT CERTAIN GROUND LEASE DATED JANUARY 1, 1969 BY AND BETWEEN MILDRED V. MAUERHAN, ANNA CLAIRE MAUERHAN AND GRACE L. TAYLOR, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BYMSRGER TO WALT DISNEY PRODUCTIONS, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THE SOUTHERLY 290.00 FEET OF THE WEST.HALF OF THE SOUTHEAST QUARTER OF THE SOUTHw'"EST QUARTER OF SECTION .22, TOw"'NSH!P 4 SOUTH, R..WGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SA..�TA ANA, IN THE CITY OF ANAF.EIH, COUNTY OF O?-l\NGE, STATE OF CALIFORNIA, AS SHOYN OM A 11AP RECORDED IN BOOK 51, PAGE 10 OF MISCELLtj.fEOUS �L�PS, RECORDS OF OR.A..NGE COUNTY, C�.LIFORNIA
EXCEPTING THEREFROM THE EASTERLY 400.00 :EET.
ALSO EXCEPTING THEREFROH THE w"ESTERLY 180. 00 FEET.
P�.RCELS 18A AND 18B ARE ALSO SHOWN AS P;L�CEL A OF CERTIF!CATE OF COMPLIANCE NO. 91-03 RECORDED 1-L'\Y 29, 1991 AS INSTRUMENT NO. 91-264968 0: OFFICIAL RECORDS ANO RE-RECORDED JULY 23, '1992 AS INSTRUMENT NO. 92-492046 OF OFFICIAL RECO?.DS.
PA.�CEL 19: (HEIDI)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER (1) THAT CERTAIN GROUND LEASE DATED JANUARY 1, 1969 BY AND BETWEEN MILDRED V. MAUERHAN, ANNA CLAIRE MAUERHAN AND GRACE L. TAYLOR, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BY .MERGER TO WALT DISNEY PRODUCTIONS, AS TENANT, AND (2} THAT CERTAIN LEASE DATED JANUARY 23, 1958 BY AND BETWEEN MILDRED V. MAUERHAN, ANNA CLAIRE MAUERHAN AND GRAC� L. TAYLOR, AS LANDLORD, AND RALPH R. PETRENY AND MONA E. PETRENY, AS TENANT, WHICH LEASES AFFECT THE FOLLOWING REAL PROPERTY:
TnE WESTERLY 180 FEET OF THE SOUTHE?..LY 290 FE�T OF THE \..'::ST H.AL: OF THE SOUTHE.�ST QUA.�TER OF THE SOUTHWEST QUARTER OF SECTION 22, TO\mSHIP 4 SOUTH, RANGE 10 {.{EST IN T:E RANCHO S.A..N JUAN CAJON DE SANTA AN.:\, Ut THE CITY OF �Jt'\HE!H, COUNTY OF ORANGE, STATE 0:
CALIFORNIA, AS SHO\fN ON A HAP RECORDED IN nOOK 51, PAGE 10 OF MISCELLANEOUS HA?S, _iECO?-DS OE OR.".NGE COUNTY, CALIFORNIA.
?Af'._CEL 19 IS ALSO SHO\fN AS P.-\P.CEL B 0: CE?,TIFICAT:: OF COl·�!..!ANCE tiO. 91-03 RECO?..DED t-!..S.Y 29, 1991 AS INSTRUMENT NO. 91-264 968 0: OFFICIAL REC03.DS .r..ND ?..E-RECORD�D JULY 23, l992 AS INSTRU!-!ENT NO. 92-492046 OF OFFICIAL RECO?-DS. ?ARC�L 20: (MUSKATEER)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE DATED JANUARY l, 1969 BY AND BETWEEN MILDRED V. MAUERHAN, ANNA CLAIRE MAUERHAN AND GRACE L. TAYLOR, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BYMERGER TO WALT DISNEY PRODUCTIONS, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
LEGAL DESCRIPTION -PAGE 9
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TH:: w"'::ST::RLY 198 FEET OF THE ��STERLY 400 :::ET Or T�E SOUT�ERLY 290 FEET 0: THE w"EST :=_:._L? OF T:iE SOUTHE.AST QU.:6.?..TE?, OF T:iE SOUT::.--:
ri'::ST QU�.?..'E:l 0: SECTION 22, TOw1lSnl? 4
SOUTH, ? .... �NGE 10 w"'EST, IN THE R.A.NCHO SAN jLJ_:.,..tf CAJOH DE Sl-Jn':1-. AN:\, HI THE C!T'f OF ;..NA:E!M, COUNTY OF OR.A.NGE, STATE OF C:-.L!FO?.NIA, AS SHOwN OU A !-!.!.? ?,:'.CORDED !N BOO:-;: Sl. ?f.GE: 10 O? MISCELLANEOUS K-\?S, RECO:l!>S OF O?-.t..NGS COu'11TY. C.:..LIFO:lN!.A · ?;..RCEL 20 IS ALSO SHOWN AS PARCEL C OF CERTIFICATE OF co��LIANCE NO. 91-03 RECORDED ?·L:..Y 29, 1991 AS INSTRUMENT NO. 91-264968 0: OFFICIAL RECORDS ;..ND RE-RECORDED jULY 23. 1992 AS INSTRUMENT NO. 92-492046 OF O:FICIAL RECORDS.
?.:\RCEL 21: (CH..�LET)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE DATED JANUARY 1, 1969 BY AND BETWEEN MILDRED V. KAtJE;RHAN, ANNA CLAIRE MAUER.HAN AND GRACE L. TAYLOR, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BYMERGER TO WALT DISNEY PRODUCTIONS, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THAT PORTION OF THE WEST iL�LF OF THE SOUTH��ST QUARTER OF THE SOUT.iiw"EST QUA .. �TER OF SECTION 22, TOw1-ISHIP 4 SOUTH. R..I\.NGE 10 Wr:ST, IN THE R.ANCEO SAN JUAN CAJON DE S.bJ-lTA ANA, IN THE.CITY OF ANAHEIM, COUNTY OF OR.•\.NGE, STATE OF C�.L!FORNIA, AS SAID SECTION IS SHOt-lN ON A H.'\P RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOwS:
BEGINNING AT A POINT ON THE SOUTH LINE OF St.ID SECTION 22, DISTANT W'EST 105. 00 FEET FROM THE SOUTHEAST CORNER OF SAID 'W::ST HALF; THENCE \.TEST 97.00 FEET �LONG SAID SOUTH ..
LINE OF SAID SECTION 22; THENCE NORTH 290.00 FEET PA!L�LLEL wITH THE EAST LINE OF SAID WZST a�LF; THENCE EAST 60.00 FEET PA..l:t.ALLEL WITH SAID SOUTH LINE OF SAID SECTION 22:
T?iENCE SOUTH 64. 00 FEET PARALLEL w"'ITH THE ::'..AST LINE OP SAID w"EST HALF: THENCE SOUTH�.STERLY 55.23 FEET, MORE OR LESS, TO A PO!NT ON TliE "'1'EST LINE OF THE EAST 105.00 FEET OF SAID WEST HALF \.rrlICH IS 185. 00 FEET NORTH FROM SAID SOUTH LINE OF SAID SECTION 22: THENCE SOUTH 185. 00 FEET PA..�LLEL WITH S.:...ID E.AST LINE TO THE POINT OF BEGINNING.
Pr�-CEL 21 IS ALSO SHOWN AS PARCEL D Or CERTIFICATE OF CO}�LIANCE NO. 91-03 RECORDED �-�Y 29, 1991 AS INSTRUMENT NO. 91-264968 OF OF:ICL�..L RECOa.DS AND RE-RECORDED JULY 23, 1992 AS INSTRUMENT NO. 92-492046 OF OFFICIAL RECORDS.
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PARCELS 22 THROUGH 28: INTENTIONALLY OMITTED
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PARCELS 29-32A: (COSMIC AGE, !HO? ?IZZA, GAL.i,,.'<Y)
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE AGREEMENT DATED AS OF JULY 24, 1991 BY AND BETWEEN LA VETA DOMINO, AS LANDLORD, AND WALT DISNEY WORLD CO., SUCCESSOR-BY-MERGER TO DEVONSON CORPORATION, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
LEGAL DESCRIPTION -PAGE 10
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THE NORTH 200. 00 OF THE SOUTH£..-\ST QUARTEa 0: THE SOUTHEAST QU.·\RT:S?. ()y THE SOUTffw"EST QUARTER OF SECTION 22, TO!,,'NSHIP 4 SOUTH. �.ANGE 10 'tlEST, IN 7:iE R..A-�Cfiv SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF OR..A..NCE, STATE OF CALtfORN!A, AS SHOw"N ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 OF H!SCELL.\NEOUS MAPS, R:::coaos OF SAID ORANGE COUNTY.
?.A.R.CELS 29-32B:
ALL OF DISNEY'S RIGHT, TITLE AND INTEREST UNDER THAT CERTAIN GROUND LEASE
AGREEMENT
LANDLORD,
DATED AS OF JULY 24, 1991 BY AND BETWEEN LA VETA DOMINO, AS AND WALT DISNEY WORLD CO., SUCCESSOR-BY-MERGER TO DEVONSON CORPORATION, AS TENANT, WHICH LEASE AFFECTS THE FOLLOWING REAL PROPERTY:
THE SOUTH 250. 00 FEET OF THE HORTHE...:\ST QUARTER OF THE SOUTHE . ..!.ST QUAR1'e:� OF THE SOUTn�ST QUA.�TER OF SECTION 22, TOYNSH!? 4 SOUTH, R.�.NGE 10 w"EST, IN THE CITY OF ANASE'IM, COUNT'! OF ORANGE, STATE OF CAL!FO?,NIA, AS SHOt.lN ON A !-L.:\? THE�EOF RECO?,DED IN BOOK 51, PAGE 10 OF MISCELL.<UIEOUS },LA.PS, RECORDS OF SAID O?..AN'GE COO?l:."Y.
PARCEL 33A: (DISNEYLA.NO)
PARCELS l, 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA OF LOT LINE ADJU'STEMENT NO. 31.7 RECORDED AUGUST 31., J.994 AS INSTRUMENT NO. 94-0S34634 OFFICIAL RECORDS.
ANAHEIM,
EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED IN A DEED TO THE CITY OF RECORDED FEBRUARY J.4, l.996 AS INSTRUMENT NO. 96-68741 OFFICIAL RECORDS.
PARCEL 33B: INTENTIONALLY OMITTED
P:\?.CEL 33C:
THE EAST HALF OF THE SOUTH H..ti.LF OF THS:: NORT�"w"EST QU . .;E.TER O? THE N.ORT?!w"EST QUA.,TER OF SECTION· 22, TOW?-1S HIP 4 SOUTH, P-A.NGE lO w"EST, IN THE R.,\J:CHO SAN jLJAN CAJON DE S.41.NTA ANA, CITY OF ANA.HEIM, CO!JNTY OF OR.�;G::, STATE OF CALEO:Ui!A, _.l..S PER l-tA.P RECORDED IN BOO!< 51, PAGE 10 OF HISCELLA_lljEQUS },L.!.?S, IN Tr.E OFFICE OF TEE COUNTY RECORDER OF SAID _COUt{TY. •
?A�C::L 33D:
T:iE SOUThVEST QUA!frER OF THE NO?.TH::AS!' QUA.�TE?.. O? THE !lO?.T:-fw"::ST QUARTER O? S'E:CT!ON 'i'\IENTY-T\-/'O' TOw"NSHIP FOUR SOUTH. R..!.J;c:: TC:N �"EST. !N Tr:::: ? ... !SC�0 SAN JUAN CAJON DE SANTA �Jl:\, CITY OF ANA.HEIM, COtmTY OF OR.A.I-GE. ST.!.TE OF CAL!:0?,NIA. AS ?ER MAP ?,:C:C03.DED IU 300?-. 51, PAGE 10 OF HISCELL.�.N:::ous t,f_!_?S, !U THE OFFIC:'. 0: ?�E COUNTY ?..ECOROE3. OF SAID COUNTY.
:::xcE:?THIG THEREF?..OM Al-l UNDIVIDED l / 3?.D rm::::3.EST IN },J,iD 'i"O THE \./"ELL AliD NUM3E?.. PL.ANT LOCATED T:iEREON FOR THE USE A.ND S'.::NE:!T Or T�E EAST HAL? 0: THE SOUTn H.:.,,LF OF THE NORTffi.1'EST QUARTER OF THE NOP..Tnw.c.ST QU!-.?..TE?. 0: s.:...ID s::CTION T'1,rEHTY-n.•o AND THE w"::ST HAL?' OF THE SOUTH HALF OF T:iE NORThw-=:sT QUA3.'i"ER OF WE NO?,'!'hw"EST QUA..�TER OF SAID SECTION TI-l'ENTY-TI-10.
LEGAL DESCRIPTION -PAGE 11
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?A?,CEL 33E:
TcLA.T PORTION OF THE SOUTHEAST QVf.?..TE� OF Tri'.:: NO?,THE..1,ST QU.:._?_TER 0:C 7:-!E NORT:.·�•fC:ST QUA.?-TER OF SECTION 22. TOwc�SHIP 4 SOUTH, RANG'.:: 10 w"='.ST. rn 7:E ?�.!. •. NCHO SP.�1-.1 JUAN CAJON
DE Sl·JHA ANA, CITY OF ANAHEIM, COUNTY OF O:U• .. NGE, STATE 0: CALIFO?.NIA, AS PE:?.. M__:._p ?,ECORDED IN BOOK 51, PAGE 10 OF HISCELL4JE:ous MA?S, IN T::E O::ICE OF TnE COUNTY ?..;::co?..DE"?.. OF SAID COUNTY' DESCRI3ED AS FOLLO;-,'S:
BEGINNING AT A POHIT IN THE SOUTH LINE OF SAID SOUTn2..A.ST QUA?..TER, SOUTH 89 ° 56' 40" WEST 4 25. 00 FEET FROM. THE SOUTHEAST CO?,NE?, O? SAID SOUT1-EAST QUARER; THENCE AT RIGHT f .. .NGLES, NORTH 0° 03' 20" w.=.ST 15 .. 00 FEE:T TO THE NORTHERLY LINE OF k""INSTON ROAD; THENCE:
NORTH 69
° 23' 18" E.AST 85.44 FEET TO A LINE ?ARA.LLEL \f!TH AND DISTANT NORTHERLY 45.00 r:E:ET, M;:-A.SURED AT RIGHT ANGLES, FROH SAID SOUTH LUI::; THf'TCE ALONG SAID PA..�.ALLEL LINE, NORTH 89 ° 56' 40" EAST 30 .19 FEET TO A CURVE CONCAVE E:?.S72RLY. HAVING A P�WIUS OF 350.00 FEET; THENCE NORTHERLY ALONG SAID CU?,VE, FROM A TANGENT wnICH BE..-'\RS NORTH 35 ° 51' 33" w"'EST, THROUGH AN ANGLE OF 35 ° 35' oa·. AN ARC DISTP-�CE OF 217.38 FEET; THENCE NORTH 0 ° 16' 25" WEST 322. 59 FEET TO TH?: BEGINNING OF A CIJRVE CONCAVE "WESTERLY, H..A.VING A RADIUS OF 250 .-00 FEET; THENCE NO?-T:E?-LY ALONG SAID CURV:: TO THE NORTHERLY LINE OF SAID SOUTHE.A.ST.QUARTER: TnENCE SOUTri 89
° 57' 39• Uc:ST 254.04 FEET TO THE NORTH'WEST
CO?-.N2R OF SAID SOUTHEAST QUARTER: THE}tCE SOUTn 0 ° 13' os· ::'.AST, 550.12 rEET TO THE SOUT:i',fEST CO�NER OF SAID SOUTHE..;.ST QUART:'.?..; THENCE N0?..7:-i 39 ° 56' 40" EAST 235. 69 F.::ET TO T:-:E POWT OF BEGINNING.
EXCE?T TP-�T P0:1,.T!ON THEREOF DCSCR!B::o AS FOLLOWS:
BEGINNING AT THE NORTHERLY TERHI!•ms OF T:!...1.T CERTArn COU-?,S:::' DESCRIBED AS ;'_WING A 3EAR1NG OF NORTH 0
° 16' 25" wC:ST, IN THE DEED TO THE STATE OF CALIFORNIA FILED DECcJ-GER 1, 1954, AS DOCUHENT NO. 30189 IN THE OFFICE OE" 7HE REGISn.A.H. OF TITLES OF SAID ORANGE COUNTY; THENCE ALONG SAID COu"'RSE, SOUTH 0 ° 16' 25" L�ST 55.93 FEET TO T�E
?OINT OF TANGENCY OF THIS COURSE \lITH .� C!.8.VE CONC,WE. "tESTERLY. H.AVING A RADIUS OF 3 70. 00 FEC:T THENCE NORTHERLY ALONG SAID CURVE TO TH:S �10:t"!'i-i:S?-LY LINE OF SAID SOUTHE...\ST QUARTER; THENCE EASTERLY TO THE NORTH'\,iESTE?.LY CORNE?.. O? THE DEED TO THE SA!D STATE O? CA!...I:O?..NIA; THENCE SOUTHERLY ALONG TnE i-.'ESE:iLY LHE O? SAID DEED TO THE STATE 02 CALEORtHA TO THE POrnT OF BEGimr:rnc AS COtlVEY.::D TO TH2 ST;..TE OF c.;.LIFORN!A BY o:::.::o FEBRU;i..?,Y 18, 1958 IN BOOK 4199, PAGE 254, OFFICL�L ?..ECO?..�S. -� ?.�.?.CEL 33F:
Ti-fAT ?0?,TION OF THE NORT!-1',.;'EST QUA?,?ER O? S:'.CTIO�i 22, TO:.,i/S:il? 4 SOU?:i, R.:..�;GE 10 w"ES'!, IN THE P�"' • .NCnO SAN JUA.N CAJON DE: SANTA �J./A, CITY 0: .�t-l;. .. HE:Il-1. COUNTY O? OR.A1lG:::'., STAT:'. 0? - CALI?O:W!A, BOUNDED NORTH:'.RLY AHO \i:.:STE?..LY 3Y THOS:: c::n_:..rn COlf?..S2S DESC?..I3.:'.D IN .\ DEED TO THE STATE 0? CALIFORNIA, RECO?.DED ;._5 DOCUH.:":1:7 tiO. 30189, VOLUH.E 65, PACE:
15-217. REGISTE?, Or TITLE:S. IN THE O:?ICE O? TnE cou-::n ?...:'.CO?..DER O? SAID cou-:lTY, AS �:1.V H:G LENGTES 0: 30.19 FEET, 85.44 FE:::'.T A.1,D 15.00 ?:::'.7 .!J-iD BOUNDED w"EST:.'.?.LY AND SOUTrE?-LY 3Y THOS:C: CERTAIN COtra.SE:S DESCRBED IN _!._ D:'."::D ?O THE ST;..TE 0: CALIFO�-:v., ?..ECO?..D'.::'D IN 300;( 2789, P.!..G:: 450, OF:ICIAL ?..ECO?..DS Hi SAE> O:?ICE AS ::L.\VItlG L:'.NGTHS 0:
15. 00 ?E:E?, 51. 85 rEE:T AND 123. 72 FEET; A.ND 30i.H1D:'.D :10?..T:-:::..,i.ST:'.R!...Y 3Y THE !iO?..T:fw'ESTE?.LY CO.ITit;U_.!._TIOi·I O? Tn.!..T CERTAIN CU?..VE DESC?..I3ED ·:rn U.ST l-t.:::;TIQHE:D DEED AS H.-WI�iG A RADIUS O:" 350.00 :::r:T.
::xcE?TING Tn=::?..E??,OM Tf-i..A.T PORTION OF \..'!HSTOH ?,Q;._D 30. 00 :=-:::::T WIDE INCLUDED wITH!N TH::
30U'NDf..?,ES OF 7HE: ABOVE DESC:UBED ?:1..P,C.:'.L O? U-.l:O (!�E CE,lT::?..LINE 0: SP..ID wl:NSTm! RQ.!.j) 3EING THE NO?.T:i LINE OF THE SOUTH KAL: O? s_.:..rn NO?,T:i'"',;""::ST QUARTS?-..
LEGAL DESCRIPTION -PAGE 12
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?A?,C:::L 3 3G:
T:-:2 t!O?,TH ::.ALF 0: TE::'. SOUT2,.;"ES7 QUA.?-T:::?-. .'-.. ND T::::: SOUT:: �.:..I..: OE" 7::2 tW?-.T:-rw-=:sr QUA?.. TE:?. O?' s:::cnoN 22, TOw,iSHI? 4 SOUTH, !C6 .. NGE 10 W"ES'i"; HI T:-:::: ?��.liC::O s_:._,; jUA.N C.->.jQN n:: SANTA .!.JI.A., IN TH::: CITY Oi: ANAH'.::!'1, COulfT:' O?' O?�:.JiG:S, SB7C: O? CALIFO?,NlA, AS ?2?.. !-f_�.P ?.::'.CO?.D'.::D HI 300:-. S1, ?!-.GE !.0 0: t-.ISCELL.->JI:::ous l-!..�..?s, H; T::::: 0:flCE 0: 'I'::E COu�ITY RECORD:::R OF SAID COUNTY.
:::xc:::?T THAT PO?.TIOH THEREOF INCLUD:W wIT:iHl r�i U .. ND DESC?.BW rn Ti-!'.:: DEED TO tHE STATE OF c.:..LIFORNIA, RECORDED AUGUST 11, 1954 HI 300:< 2739, ?AG.:: 450, OFFICIAL ?..ECORDS.
ALSO EXCEPT FROM THE WEST H.t...LF OF THE NORTrf',tEST QU.�..?..TE:?. OF THE SOUTfft,."E:ST QUARTER n:
SAID SC:CTION 22 ALL OIL A.ND H!NER. .. !o..L SUBSTAflCES IN AliD UNDE?, SAID PROPERTY BELOtl A LEVEL OF 500 FEET FROM THE SURFACE OF SAID P?.O?ERTY 3UT wITHOUT THE RIGHT OF ENTRY ON T:iE SUR.tACE OF SAID PROPERTY FOR THE PURPOSE OF EX:?LOITI!·!G FOR, DEVELOPING, PRODUCING OR REMOVING S.�ID SUBSTANCES AS RES�RV.2D IN THE D:::ED F�WM CH.AR.LES WESLEY FALL AND WIF£.
R2CO?..DC:D JUN::: 16, 1954 IN BOOK 2748, ?#-.. GE 41, OFFICif.L ?,'.::CORDS. :-.LSO EXCEPT P .. N UNDIVIDED ONE-H} .. LF INTEREST IN AND TO ALL OIL ,�.!ID HIN'.2?�.1.t. StJ3STANCES IN AND UNDER A ?0?, TION OF SAID I..A.,\fD n:.'.?.EHIAFER DESC:UBED, 3 "::LOW- A LEVEL O? 500 FEET :?.OX THE SURFACE THEREOF BUT t.TITHOUT THC: RIG::1" O? WT?,Y ON T::":: Sl.B.F..i.CE OF SAID ?�O?ER.TY :OR.
T!iE PURPOSE OF EXPLOITING FOR, DEV:SLOPING, ?RODUCING OR ?.::HOVING SAID SU:3STANCES AS RESERVED IN THE DEEDS FROM AGNES N. RED!-!,\.N AND OTHER RECO?.DED jtJNE 16, 1954 IN BOO:( 2748, PAGES 67, 59 .-'\ND 72, OFFICIAL RECO�DS, RES?ECTIVEL:', SAID PORTION OF SAID U.ND BEING DESCRIBED AS FOLLO�S:
THE \tEST HALF OF THE NORTHEAST QUL�TER OF 'i'HE SOUTh""WEST QUARTE?, .-'\ND THE :'..AST HALF 0:
THE NORTHWEST QUARTER OF THE SOUThw'"EST QU:\..�TER, ALL IN SAID SECTION 22, EXCEPT Ti-iAT PORTION THEREOF DESCRIBED AS F'OLLOi..'S:
BEG!NHING AT T:--!E NORTHE.AST CORHER OE' TH::: i.'"EST HAL: OF T::::'. NORT:-::::..A.ST QUP.-�TE?, OF Ti:tE SOUT:-fwEST QUARTER OF SAID SECTION 22: THE}:CE '..rc:ST 130 E:'.T; TiENCE AT RIGHT ANGLES SOUT;i 125 FEC:T; THENCE AT RIGHT ANGL:'.S EAST 130 FEET; T:::'.NCE ,;.'T RIGHT ANGLES NORTH !.25 FEET TO THE POINT OF BEGINNING. �
ALSO EXCEPT Tr1-�.T PORTION THEREOF D:::SCRIBED AS ?"OLLOwS:
3EGH�NING AT .A POINT ON THE SOUTH LI!I:: O? CE:t!UTOS AVEm.J::, 117 :EET. MO?,E OR LESS. -. C....""\ ST ··o- -H- 1,rs� LI"- OF -··- -As _r 1 .t:.. •:;,. .t. iic. ln� r--,, "' i ._ ..... :- !' 1�.:.. d .. ,.1r-: ;{� r - o- -.,- ••o:,-•--s- ou«R---:i o- �H- sour·- 1l"it L ... �1::. .. " :: 1 :. MW::. -sr QUARTE:?. O? SAID SECTION 22; THENCE SOUTH :!.SO FEET; THENCE "::.AST 60 FEET; THENCE NORTH 150 FEET; Ti:ENCE \.iEST 60 FEET TO THE ?OW? OF o::GINNHIG ..
ALSO �XCE?T Ti--L�T PORTION THEREOF DZSC�I3"::D AS FOLLOWS:
EEGUrnING AT .to. ?CHIT ON THE SOUTH LIN'.:: 0: CEHITOS AVENUE 124 ?EET, MORE OR LESS, Ef.ST Of T:{E: 1-rE:ST LINE OF THE w""EST i-,:_:..L? 0: THE liO?..T:-iE.AST QU.!..S.T:::?.. OF T:-:E SOUTh'i-.'"EST QUARTE?, 0? SAID SECTION 22; TnENCE SOUTH 241 ?:::"ET; T::E�lCE: :::AST 75 ::::ET; T::'::�ICE NO?,Tn 241 FEET; T:-iENC:C: w'"EST 7S ?EET TO THE POINT 0: 3:SGINlil�G.
PARCEL 33H:
T:iE NO?,Tn :i_t. .. L? Or THE SOUThw""EST QUA..t>-TE?, 0: THE SO_UTh-wt:ST QUA.RE?, OF SECTIOH 22.
TmrNSHI? 4 SOUTH, RANGE 10 \-1"""EST, SAl� ?.E"RN:-.?,DINO rf.Z?.!DIAll. :::xc::PT TnE NORTn 30 FEET OF TH� �C:ST 100 ���r 1��R�O:.
LEGAL DESCRIPTION -PAGE 13
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?A?..C:::L 33I:
Ail m,iDIVIDED OHE-FOURTH INTEREST HJ Tr.E NO?.'t:i 30 ?E:::'.T 0: 7:1'.E wEST 100 FE::::'.T OF THE:
NO?,TH H.i\LF OF THE SOUTH-WEST QUAR.TE?. O? TE SOUT:r..;:.'.ST QUA.?-Tc::R OF SECTION 22, TOl�'NSHI? 4 SOUT:-1. ?,.A .. "IG:: 10 :.rc:sr, SAN BC:?.NA?,o:rno '.·S?,IDIW. ?..!.?-CEL 3 3J:
THC: NORTH l FOOT OF. THE SOUTH 1-L�LF O? THE SOUT:.-r .. ssT QU!-3.ER Of TnE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 w"ZST SAN BERNA?..DINO t-1".ERIDIAN ..
PAP,CEL 33K:
r .. LL THAT CERTAIN LA.l•m SITUATED IN THE CIT"!' 0: ANA..-=tE:IM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
TEE NOR THE.AST QUARTER. OF THE SOUTHE...e..sr QU .. �.?.TER OF THE SOUTff,.[EST QUA..'Q.TER OF SECTION 22, TOw"NSHIP 4 SOUTH, R..-\NGE 10 \.TEST, SAN BERN.:1.J,DINO HE?.IDI.:Vr ..
EXCE?TING THER2FROH THE SOUTH 250 FEET ..
PAP-CEL 33L:
THE SOUTH HALF OF THE SOUTffi/'EST QUARTER 0? THE SOUTHWEST QUA .. �TER OF SECTION 22, 'I'OUNS:HP _ 4 SOUTH, RANGE 10 i/EST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY or ANAiiEIH, COUNTY OF ORANGE, STATE Or CALIFO:WIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOO!:( 51, PAGE 10 OF ?-t!SC:'.LL-\N::ous H,,.PS, IN THE OFFICE OF THE COUNTY RECO�DER OF SAID COUNTY.
EXCE?i' THE NORTH 1 FOOT THEREOF.
PARCELS 34 THROUGH 45: INTENTIONALLY OMITTED
PARCEL 46A: (RIVIERA)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, 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 SHOWN ON A MAP FILED IN BOOK 51, PAGE ro OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 27, NORTH 89 ° 54' 30" EAST 1117.80 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 ° 54' 30" EAST 160.00 FEET; THENCE SOUTH 01 ° 21' 00" EAST 265.06 FEET PARALLEL WITH THE CENTERLINE OF HARBOR BOULEVARD, AS SHOWN ON A HAP FILED IN BOOK 43, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TO A LINE PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM SAID NORTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 89 ° 54' 30" WEST 160.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 01 ° 21' oo· WEST 265.00 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION -PAGE 14
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PARCEL 46B:
THAT PORTION OF THE NORTHEAST QUARTER O? SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 t.-rEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SA!D SECTION 27, NORTH 89 ° 54' 30" EAST 1277.80 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 ° 54' 30" EAST 150.03 FEET ALONG SAID NORTHERLY LINE TO THE BOUNDARY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO LOUIS R. RUBIN, A MARRIED MAN, RECORDED FEBRUARY 16, 1959 IN BOOK 4587, PAGE 154, OFFICIAL RECORDS; THENCE SOUTH 01 ° 20' 15" EAST 265.06 FEET ALONG SAID BOUNDARY LINE TO A LINE THAT IS PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM THE NORTHERLY LINE OF SAID SECTION 27; THENCE SOUTH 89 ° 54' 30" WEST 149.97
FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO JOHN B. PENNINO AND OTHERS, RECORDED DECEMBER 14, 1959 IN BOOK 5013, PAGE 307, OFFICIAL RECORDS; THENCE NORTH 01 ° 20' 15" WEST 265.06 FEET TO THE POINT OF BEGINNING.
PARCEL 46C:
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOOTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF HISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTH HALF, BEING SOUTH 01 ° 21' oo· EAST 656.10 FEET FROH THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 ° 49' 28" EAST 460.01 FEET ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF THE NORTH HALF TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01 ° 21' 00" WEST 390.36 FEET PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER TO A LINE.PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER AND SOUTHERLY 265.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID NORTHEAST QUARTER: THENCE NORTH 89 ° 54' 30" EAST 967,75 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO JERALD A. PHILLIPS, AND OTHERS, RECORDED HAY 10, 1960 IN BOOK 5237, PAGE 24, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 01 ° 20' 15" tIBST 265.06 FEET ALONG THE EAST LINE OF SAID LAND TO THE NORTH LINE OF SAID SECTION; THENCE NORTH 89 ° S4' 30" EAST 100.00 FEET ALONG SAID NORTH LINE TO THE NORTHYEST CORNER OF THE LAND DESCRIBED IN THE DEED TO LOUIS M� RUBIN, RECORDED MARCH 4, 1960 IN BOOK 5130. PAGE 186 OF SAID OFFICIAL RECORDS; THENCE SOUTH 01 ° 20' 15" EAST 265.06 FEET TO THE SOUTHWEST CORNER OF SAID LAND; THENCE NORTH 89 ° 54' 30• EAST 1114.70 FEET PARALLEL WITH AND SOUTHERLY 265.00 FEET FROM THE NORTH LINE OF SAID SECTION TO THE EASTERLY LINE OF SAID SECTION; THENCE SOUTH 01 ° 19' 30" EAST 387.16 FEET TO THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE NORTH HALF; THENCE SOUTH 89 ° 49' 28" VEST 2182.22 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 46D:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION -PAGE 15
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BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89 ° 54' 30" EAST 1527.86 FEET FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 1 °
20' 15• EAST 265.06 FEET; THENCE NORTH 89 ° 54' 30" EAST 200.05 FEET; THENCE NORTH 1 ° 20' 15" WEST 265.06 FEET TO SAID NORTH LINE; THENCE SOUTH 89 ° 54' 30" WEST 200.05 FEET TO THE POINT OF BEGINNING.
PARCEL 46E:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION,· SOUTH 89 ° 54' 30" WEST 545.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTH 01 ° 19' 30" EAST 265.06 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION TO A LINE PARALLEL WITH AND SOUTHERtY 265.00 FEET FROM SAID NORTH LINE; THENCE SOUTH 89 ° 54' 30"· WEST 369.62 FEET ALONG SAID PARALLEL LINE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO LOUIS M. RUBIN, RECORDED MARCH 4, 1960 IN BOOK 5130, PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 01 ° 20' 15• WEST 265.06 FEET TO THE NORTHEAST CORNER OF SAID LAND OF RUBIN; THENCE NORTH 89 ° 54' 30• EAST 369.68 FEET TO THE POINT OF BEGINNING.
EXC�PT THE EAST 75.00 FEET THEREOF.
LEGAL DESCRIPTION -PAGE 16