18.114.040   METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION.
   The methods and procedures for implementation and administration of the Specific Plan are prescribed as follows:
   .010   Implementation. With the exception of the exemptions provided herein, the Specific Plan shall be implemented through the processing and approval of Final Site Plans prior to the issuance of building permits. If a subdivision of land is processed, the tentative subdivision map shall be processed in conjunction with the Final Site Plan and the final subdivision map shall be recorded prior to issuance of building permits.
   .020   Final Site Plan Approval. Final Site Plans (as described in this section and hereinafter collectively referred to as the "Final Site Plans") shall be processed in the following ways:
      .0201   Process for Approval.
         .01   Planning Director Approval. Final Site Plans for the following types of plans shall be subject to the review and approval by the Planning Director pursuant to the requirements in Chapter 18.70 (Final Plan Reviews). If the Planning Director finds the Final Site Plan to be in conformance with the Specific Plan and the provisions of this Chapter, the Planning Director shall approve the Final Site Plan. The Planning Director’s decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan.
            (a)   All development in the Hotel District with the exception of development subject to the standards and requirements set forth in Section 18.114.100 (C-R Overlay).
            (b)   Streetscape and landscape within the Theme Park District, Parking District and Future Expansion District Setback Realms, as described in the Design Plan.
            (c)   Minor boundary and acreage variations not exceeding ten percent (10%) of the larger parcel.
            (d)   Final layout for the parking facility in the East Parking Area.
            (e)   Final detailed layout of the Anaheim GardenWalk Overlay, Area A, shall be designed in accordance with Conditional Use Permit No. 4078, as amended. One or more Final Site Plans may be processed for Area A provided that the retail concourse and parking facility shall be processed as one Final Site Plan and the hotels may be processed as separate Final Site Plans. (Ord. 5807 § 2 (part); March 19, 2002; Ord. 6221 § 3; August 23, 2011.)
         .02   Planning Commission Public Hearing Item.
            (a)   Final Site Plans for all development within the Future Expansion District, with the exception of Parking Facilities shown on Exhibit 5.8.3e (Future Expansion District Concept Plan) of the Specific Plan document, shall be subject to the review and approval by the Planning Commission at a noticed public hearing.
            (b)   Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for Conditional Use Permits in the Anaheim Municipal Code. Final Site Plans processed under this subsection shall be subject to environmental review. The Planning Commission shall review the Final Site Plan to determine if it is in substantial conformance with the Specific Plan and the provisions of this chapter. The Planning Commission may approve, disapprove or approve with conditions the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Before approving a Final Site Plan under the provisions of this subsection, the Planning Commission shall make the following findings of fact:
               (i)   That the proposed development will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located;
               (ii)   That the size and shape of the site is adequate to allow for the full proposed development in a manner not detrimental to the particular area nor the peace, health, safety and general welfare;
               (iii)   That the approval of the Final Site Plan under the conditions imposed, if any, will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim.
            (c)   Notwithstanding the provisions and limitations of the foregoing subsections (i), (ii) and (iii), the Planning Commission or City Council may approve any Final Site Plan if the Planning Commission or City Council finds and determines, either in its approval of the Final Site Plan or any other finding pertaining to the proposed development (including environmental documentation), that (a) the concerns addressed by subsections (i), (ii) and (iii) above are mitigated to a level of insignificance or (b) overriding considerations warrant the approval of the Final Site Plan in the event that either one or more of the findings of fact required by subsections (i), (ii) and (iii) above is not made or insufficient evidence is set forth in the record to support one or more of the findings of fact.
         .03   Exemptions - Theme Park, Hotel, Parking and Future Expansion Districts and Anaheim GardenWalk Overlay. Development within the Theme Park District intended for theme park and theme park back-of-house support uses, hotels within the theme park, retail entertainment centers in the Theme Park and/or Hotel District(s), parking facilities in the Parking District and parking facilities within the Future Expansion District as shown on Exhibit 5.8.3e (Future Expansion District Concept Plan) of the Specific Plan document, and permitted signage in the Anaheim GardenWalk Overlay for the Anaheim GardenWalk project shall be exempt from the requirements of the Final Site Plan review. Building plans for these areas shall be submitted to the Building Division of the Planning Department and shall be reviewed for conformance with all applicable provisions of the Specific Plan prior to issuance of building permits. Anaheim GardenWalk project signage shall be reviewed by the Planning Department for conformance with The Disneyland Resort Specific Plan Anaheim GardenWalk Overlay requirements prior to issuance of sign permits.
         .04   District A and C-R Overlay. Final Site Plans for development within District A and the C-R Overlay shall be processed in the following manner:
            (a)   Proposed development in the C-R Overlay in conformance with the requirements of the District shall be processed according to the requirements of that District.
            (b)   Proposed development in conformance with the requirements of District A or the C-R Overlay shall be processed in the following manner:
               (i)   Implementation. The Specific Plan shall be implemented through the processing and approval of Final Site Plans prior to the issuance of building permits, except as expressly provided in subparagraph 18.114.040.020.0201.04(b)(ii)d (Final Site Plan Exemptions). For uses requiring a conditional use permit or variance to waive code requirements, the Final Site Plan shall be submitted and reviewed for consistency with the Specific Plan in conjunction with the processing of the conditional use permit or variance.
               (ii)   Final Site Plan Review and Approval.
                  a.   Review and Approval. Final Site Plans, including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and information as required by the Planning Director, shall be prepared and submitted to the Planning Department for review and approval by the Planning Director pursuant to the requirements in Chapter 18.70 (Final Plan Reviews). If the Final Site Plan is found to be in conformance with the Specific Plan, the Design Plan and the provisions of this Chapter, the Final Site Plan shall be approved. The Planning Director’s decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. Plans submitted for issuance of building, landscape or signage permits shall be in conformance with the approved Final Site Plan.
                  b.   Appeal Process. The appeal shall be processed in the same manner as appeals for decisions on reclassifications, conditional use permits or variances as set forth in Sections 18.60.130 through 18.60.150 except that the appeal period shall be a maximum of ten (10) days.
                  c.   Environmental Review. Notwithstanding any other provision of this Chapter, Final Site Plan review by the Planning Department under subparagraph 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleared by the Environmental Impact Report for The Disneyland Resort Specific Plan (EIR No. 311) or other final environmental documentation. If not, then the proposed activity shall be subject to the preparation of an Initial Study and potential further environmental review and mitigation pursuant to the California Environmental Quality Act requirements.
                  d.   Final Site Plan Exemptions. Projects or improvements that are exempt from the Final Site Plan process shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the Specific Plan prior to issuance of building, landscape or signage permits. The following projects or improvements are exempt from the Final Site Plan review and approval process as set forth in subparagraph 18.114.040.020.0201.04(b)(ii)a (Review and Approval):
                     a)   Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building.
                     b)   Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed five percent (5%) of the building's gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and, are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter.
                     c)   Exterior façade improvements which do not add to the gross square footage of a building or development complex; are in substantial conformance with the building envelope; and, are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter. Such improvements may include, but are not limited to, the installation of window awnings and/or canopies, replacement of existing doors and windows, and modification, repair or resurfacing of exterior walls and roof areas.
                     d)   Signage, including Anaheim Resort freestanding monument signs, wall signs, and on-site directional/informational signs, except as provided for in subparagraph 18.114.130.060.0602 (Conditionally Permitted Signs) and which signs are in conformance with the Design Plan and the Zoning and Development Standards set forth in this Chapter.
                     e)   Landscape/hardscape improvements or modifications which are not in connection with building modifications.
         .05   Final detailed layout of the Anaheim GardenWalk Overlay, Area B, as identified on Exhibit 3.4b. One (1) Final Site Plan encompassing the entirety of Area B shall be processed in the following manner:
            (a)   Review and Approval. Final Site Plans, including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and information as required by the Planning Director, shall be prepared and submitted to the Planning Department for review and approval by the City of Anaheim Planning Commission as a public hearing item. If the Final Site Plan is found to be in conformance with the Specific Plan, the Design Plan, Conditional Use Permit No. 4078, as amended, and the provisions of this Chapter, the Final Site Plan shall be approved. The Planning Commission’s decision shall be final unless appealed to the City Council, within ten (10) days from the date of such decision. Plans submitted for issuance of building, landscape or signage permits shall be in conformance with the approved Final Site Plan.
            (b)   Appeal Process. The appeal shall be processed in the same manner as appeals for decisions or reclassifications, conditional use permits or variances as set forth in Section 18.60.130 through 18.60.150 except that the appeal period shall be a maximum of ten (10) days.
            (c)   Environmental Review. Notwithstanding any other provision of this Chapter, Final Site Plan review by the Planning Department under subparagraph 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination whether the proposed building, structure, or use has been environmentally cleared by the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Mitigation Monitoring Program No. 004 and Addenda. If not, then the proposed activity shall be subject to the preparation of an Initial Study and potential further environmental review and mitigation pursuant to the California Environmental Quality Act requirements. (Ord. 6221 § 4; August 23, 2011.)
      .0202   Content of the Final Site Plan Submittal. Final Site Plans shall contain the information set forth in the inal Site Plan Review Application as adopted by Resolution of the City of Anaheim Planning Commission and on file with the Planning Department.
      .0203   Phased Submittals. Final Site Plans may be submitted for phases or portions of phases as shown and described in Exhibit 3.4a (Phasing Plan) of the Specific Plan document. (Ord. 5580 § 7; October 22, 1996: Ord. 5689 § 2; July 13, 1999: Ord. 6022 § 5; May 25, 2006.)
   .030   Site Plan Consistency.
      .0301   Revised Site Plan. Following approval of a Final Site Plan, if any changes are proposed regarding the size, location or alteration of any use or structure shown on an approved Final Site Plan, a revised Final Site Plan shall be submitted to the Planning Director for approval. If the Planning Director determines that the proposed revision is in conformance with the provisions of the Specific Plan, this chapter and the general intent of the approved Final Site Plan, the revised plan may be approved, as a ministerial action, without re-submittal to the approval process described in subsection 18.114.040.020 (Final Site Plan Approval). Said decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If appealed, the Planning Commission shall review the revised Final Site Plan in accordance with the procedures set forth in subsection 18.114.040.020 (Final Site Plan Approval) in the same manner as the original Final Site Plan approval. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision.
      .0302   Referral of Revised Site Plan. Notwithstanding the foregoing, the Planning Director may refer consideration of a revised Final Site Plan to the Planning Commission for review and action in accordance with the same procedures and in the same manner as the original Final Site Plan approval. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision.
   .040   Planning Director Approval of Boundary and Acreage Variations. The Planning Director has the authority to approve, as a ministerial action, minor District boundary and acreage variations not exceeding ten percent (10%) of the smaller parcel.
   If the minor boundary and acreage variations are found to be in substantial conformance with the Specific Plan and other provisions of this chapter, then the Planning Director shall approve the boundary and/or acreage variation. The decision of the Planning Director shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the decision is appealed, the proposed variation shall be reviewed by the Planning Commission as a Report and Recommendation Item. If the minor boundary and acreage variations are found to be in substantial conformance with the Specific Plan and the other provisions of this chapter, the Planning Commission shall approve the boundary and/or acreage variation. The Planning Commission decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Notwithstanding the foregoing, the Planning Director may refer consideration of a boundary and acreage variation to the Planning Commission for review and action in accordance with the procedures set forth in subparagraph 18.114.040.020.0201.01 (Planning Commission Report and Recommendation Item)".
   .050   Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.72 (Specific Plans). (Ord. 5378 § 1 (part); June 29, 1993; Ord. 5420 § 4; April 12, 1994; Ord. 5920 1 (part); June 8, 2004: Ord. 6473 § 45; December 3, 2019.)