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6221 ORDINANCE NO.6221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92 -1 AND CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT NO. 8). (DEV2010- 00166) WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92 -1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92 -1 by the addition of Chapter 18.114 (formerly, Chapter 18.78) to said Municipal Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 1, which amendment established "District A," redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established Zoning and Development Standards for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and, incorporation of text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Adjustment No. 1, which adjustment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and -1- WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project ") on approximately 29.1 acres; and which amendment established Zoning and Development Standards for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval; and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and redesignated a portion of District A (18.9 acres) and Parking District (East Parking Area) /C -R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Project on approximately 29.1 acres; and which amendment incorporated text and exhibit modifications throughout the Specific Plan document relating to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms /suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on April 25, 2006, the City Council adopted Ordinance No. 6022 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk Project (formerly Pointe Anaheim Project);and which amendment incorporated text and exhibit changes throughout the specific plan document, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms /suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on April 24, 2007, the City Council adopted Ordinance No. 6056 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 7, which amendment pertained to the Anaheim GardenWalk Overlay to modify Zoning and Development Standards pertaining to permitted architectural encroachments in required building setback areas; and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92 -1, Anaheim GardenWalk Overlay; and -2- WHEREAS, on September 27, 2010, pursuant to Chapter 18.72 of the Anaheim Municipal Code, Peter Houck, as authorized agent for Katella Anaheim Retail, LLC, submitted an application for Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1, designated as Specific Plan Amendment No. 2010 - 00061; and WHEREAS, Specific Plan Amendment No. 2010 -00061 is proposed in conjunction with an amendment to the Land Use Element of the General Plan (General Plan Amendment No. 2010- 00481); Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01; and amendments to Conditional Use Permit No. 4078 and Final Site Plan No. 2006 -00002 (hereinafter referred to collectively as the "Proposed Project Actions "); and WHEREAS, Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 includes text and exhibit changes to modify and increase the total amount of retail, dining and entertainment (RDE) uses within the Anaheim GardenWalk Overlay by reducing the permitted amount of retail, increasing the permitted amount of dining, increasing the permitted amount of entertainment uses and reducing the size of the bus terminal /facility. The proposed amendments only pertain to the bus terminal /facility and the RDE uses permitted within Development Area A of the Anaheim GardenWalk Overlay and do not change the existing building footprint. No modifications are proposed for the hotels and hotel accessory uses permitted within Development Area A or the RDE uses, hotels, hotel accessory uses or parking permitted within Development Area B; and WHEARAS, Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 also includes minor corrections to text and exhibits to provide consistency between previous development agreement and zoning code amendments that were not previously reflected in the Specific Plan document; and the deletion of Exhibits 5.8.3.f.1 through 5.8.3.f.8 pertaining to floor plans, sign plans and building elevations; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2011, at 5:00 p.m., to consider Specific Plan Amendment No. 2010- 00061, notice of said hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60, to hear and consider evidence for and against said Specific Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2011 -053 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that Specific Plan Amendment No. 2010 -00061 be adopted by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2011 -053, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 16th day of August, 2011, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Specific Plan Amendment No. 2010- 00061 and did give notice thereof in the manner and as provided by law; and -3- WHEREAS, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the Planning Commission; and WHEREAS, the City Council has reviewed the Proposed Project Actions, including Specific Plan Amendment No. 2010 - 00061, and does find and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Specific Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Specific Plan Amendment; and WHEREAS, the City Council desires to amend the Zoning and Development Standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92 -1 as specified herein; and WHEREAS, the City Council finds that the following amendments are consistent with the findings and determinations made in its Resolution approving Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1, considered concurrently herewith. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. That, except as expressly amended herein, Ordinance No. 5378, as previously amended, shall remain in full force and effect. 2. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92 -1 and Chapter 18.114 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .010 of Section 18.114.010 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Purpose. The regulations set forth in this chapter have been established to provide for orderly development of, and upon adoption of an ordinance reclassifying said property to SP 92 -1 (the "Zone "), shall be applicable to that certain property (hereinafter referred to as the -4- "Specific Plan area ") described in that Specific Plan No. 92 -1 document (hereinafter referred to as the "Specific Plan ") marked "Exhibit A" and on file in the Office of the City Clerk approved by the City Council on June 29, 1993; and as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); April 25, 2006 (Ordinance No. 6022); and August 23, 2011 (Ordinance No.6221), or as the same may be hereinafter amended in accordance with the Specific Plan Amendment procedures set forth in Chapter 18.72 (Specific Plans)." SECTION 2. That subsection .020 of Section 18.114.020 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Disneyland Resort Design Plan. The site development standards set forth in Sections 18.114.050 through 18.114.130 have been adopted to operate in conjunction with the Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific Plan document (hereinafter referred to in this Chapter as the "Design Plan ") approved by the City Council on June 29, 1993, as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 . (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); April 25, 2006 (Ordinance No. 6022); and August 23, 2011 (Ordinance No.6221), as the same may be hereinafter amended in accordance with the Specific Plan amendment procedures set forth in Chapter 18.72 (Specific Plans). Said Design Plan is incorporated herein by this reference as if fully set forth in this chapter. All development otherwise permitted by this chapter shall comply with any applicable provisions of the Design Plan." SECTION 3. That part (e) of subparagraph .01 of paragraph .0201 of subsection .020 of Section 18.114.040 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(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. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan." -5- SECTION 4. That subparagraph .05 of paragraph .0201 of subsection .020 of Section 18.114.040 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 detennination 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." SECTION 5. That subparagraphs .02, .03 and .05 of paragraph .0201 of subsection .020 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".02 All uses and structures set forth in subsection 18.116.070.050 ( Pennitted Accessory Uses and Structures) and in subsection 18.116.070.060 (Permitted Temporary Uses and Structures) shall be pennitted in the Anaheim GardenWalk Overlay;" -6- ".03 All uses set forth in Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1)) that are designated as "prohibited uses," shall be prohibited in the Anaheim GardenWalk Overlay;" ".05 The Anaheim GardenWalk project shall be designed in accordance with the Conceptual Site Plans and Sign Plans shown in Conditional Use Permit No. 4078, as amended." SECTION 6. That subsection .030 of Section 18.114.105 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Anaheim GardenWalk Density. The Anaheim GardenWalk Overlay encompasses two areas (Areas A and B) as identified on Exhibit No. 5.8.3.f.1. The maximum density for the Anaheim GardenWalk Overlay shall be as follows: 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay density is set forth in more detail in Exhibit 3.3.6b of the Specific Plan document (Program Summary for Anaheim GardenWalk Overlay)." SECTION 7. That parts (a) and (d) of subparagraph .02 of paragraph .0201 of subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: "(a) Signs, objects or structures located in the interior areas of the Anaheim GardenWalk project shall be exempt from the requirements set forth in Section 18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in an "interior" area for the purposes of this section if they are: (i) Not visible to pedestrian or vehicular traffic from the public right -of- way at an equal elevation as the Anaheim GardenWalk property line (measured five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim GardenWalk project; or, (ii) For Anaheim GardenWalk Overlay, Area A, at least one hundred sixty (160) feet from the adjacent public right -of -way or correspond with the setback of the last building bordering the view corridor, whichever is further, and are visible only to pedestrian and /or vehicular traffic through limited view corridors at the entrances to the Anaheim GardenWalk project. The final dimensions of the view corridor shall be shown on the Final Site Plan. (iii) For Anaheim Gardenwalk Overlay, Area B, the Planning Commission shall review and approve an exhibit submitted as part of the Final Site Plan which identifies -7- interior areas and the view corridor consistent with criteria set forth in subparts 18.114.130.020.0201.02(a)(i) and (ii) (Signs - General)." "(d) Business and Identification Signs for Anaheim GardenWalk Overlay, Area A. Business and identification signs located in the exterior areas of the Anaheim GardenWalk project shall be developed in accordance with Conditional Use Permit No. 4078, as amended. Business identification signs are defined as those signs intended to advertise individual tenants of the Anaheim GardenWalk project (excluding hotels and vacation ownership resort units) and may consist of wall signs and /or freestanding signs. Business identification signs within exterior areas of the Anaheim GardenWalk project shall be shown on Final Site Plans subject to the review and approval of the Planning Commission. Prior to the issuance of sign permits, plans shall be submitted to the Planning Department indicating substantial conformance with sign plans approved as part of Final Site Plans. Business identification signs shall be considered to be located in an "exterior" area of the project for the purposes of this section if they are not otherwise considered as "interior" as defined in part 18.114.130.020.0201.02(a)." SECTION 8. That subparagraph .05 of paragraph .0602 of subsection .060 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally - recognized image or object, including, but not limited to, trademarked objects, logos, or other images and figures associated with nationally- recognized corporate identities ") shall be permitted subject to the approval of Conditional Use Permit No. 4078, as amended, or a separate conditional use permit provided that the signage shall be associated with a use approved for the Anaheim GardenWalk project pursuant to Section 18.114.105 (Anaheim GardenWalk Overlay); the size, location, height (not to exceed thirty (30) feet in height measured from the elevation of the public sidewalk closest to the location of the element), and design of the signage shall be determined by the conditional use pennit, and further provided that the maximum height of the icon /themed project element in the interior of Area A may be permitted up to a height of 75 feet measured from the elevation of the public sidewalk closest to the location of the element (Disney Way) to the top of the element, provided that the element is proposed without any signage, including logos, trademarked objects or other images and figures associated with nationally - recognized corporate identities, excluding signage that is visible to the interior of the project only, and is located a minimum of two hundred (200) feet from the public right -of- way." SECTION 9. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. -8- SECTION 10. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 11. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code - Penalty) of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 16 day of August, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the 23 day of August, 2011, by the following roll call vote: AYES: Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: C r AYOR PRO M OF THE ITY OF ANA EIM ATTEST: Lam.• CITY CLERK OF THE CITY 0 ANAHEIM 85383.v1 /MGordon -9-