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5420ORDINANCE NO. 5420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 5377 AND 5378 RELATING TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, 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 Specific Plan 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, pursuant to Chapter 18.93, the Disney Development Company submitted a request dated December 27, 1993, that the Planning Commission initiate Amendment No. 1 to Specific Plan No. 92-1; and WHEREAS, the City Council adopted its Resolution No. 94R- 41 amending Resolution Nos. 93R-107, 93R-146 and 93R-147 and making certain findings in conjunction therewith pursuant to Chapter 18.93; and WHEREAS, the City Council desires to amend and add certain conditions of approval to Ordinance No. 5377; and WHEREAS, the City Council also desires to amend the zoning and development standards established by Ordinance 5378 contained in Chapter 18.78 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1 to: 1. Reflect the creation of District A as a separate land use district, distinct from the Parking District, within The Disneyland Resort Specific Plan No. 92-1; and 2. Provide zoning and development standards for District A similar to the C-R Overlay of The Disneyland Resort Specific Plan, which continue to permit development of permitted and conditionally permitted uses allowed by the existing C-R (Commercial Recreation) Zone as set forth in Chapter 18.48 of the Anaheim Municipal Code, as it currently exists or may be amended or superseded in the future and remove public parking facilities as a permitted use in District A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1 1. That Ordinance No. 5377 be, and the same is hereby, amended to revise the first paragraph of Mitigation Measure No. 3.10.1-8 in Mitigation Monitoring Program No. 0067 as set forth in Attachment D of the February 23, 1994, staff report to the Planning Commission, on file in the Planning Department, as follows: "The EIR identifies the following equipment in connection with the Project, other development within the C-R Overlay and District A of Tthe Disneyland Resort Specific Plan Area, and cumulative development in the Commercial Recreation Area:" 2. That Ordinance No. 5377 be, and the same is hereby, further amended to revise and add conditions of approval to The Disneyland Resort Specific Plan No. 92-1 as follows: A) B) C) Amend the Terms and Conditions in the introduction to the Conditions of Approval to read: 112. 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." Amend Condition No. 27 to read: "That no development shall occur development is substantially in Disneyland Resort Specific Plan No. 1 document on file with the and marked Exhibit A, Amendment Amend Condition No. 34 to read: unless such accordance with The No. 92-1, Amendment Planning Department No. 1." "That the location and configuration of all lighting fixtures including ground -mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas in the Hotel District, Parking District and development in the C-R 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 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." 2 D) Add new Condition No. 68 to read: "That completion of these 'Amendment No. 1 to Specific Plan No. 92-1' proceedings is contingent upon approval and adoption of General Plan Amendment No. 336 by the City Council." E) Add new Condition No. 69 to read: "That within thirty (30) days of the City Council's action, the applicant shall provide the Planning Department with one (1) copy of an amended Specific Plan document reflective of the City Council's action. Upon the Planning Department's review and approval of the amended pages as being in conformance with the City Council's action, five (5) copies of the amended document and fifty (50) copies of the final amended pages, including one master set suitable for reproduction, shall be provided by the applicant to the Planning Department." F) Add new Condition No. 70 to read: "That development within District A shall be in compliance with the Conditions of Approval set forth in Ordinance No. 5377, as amended herein (introductory sections to conditions of approval, Condition Nos. 27 and 34); the new Condition Nos. 68, 69 and 70; and the mitigation measures set forth in the adopted Mitigation Monitoring Program No. 0067, as amended herein (Mitigation Measure No. 3.10.1-8).1- THE .10.1-8)." THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FURTHER ORDAIN AS FOLLOWS: That Ordinance No. 5378 be, and the same is hereby, amended to revise the zoning and development standards in Chapter 18.78 of the Anaheim Municipal Code as follows: SECTION 1. That the section index of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add the following section reference: "18.78.095 LAND USE AND SITE DEVELOPMENT STANDARDS - DISTRICT A (DEVELOPMENT AREA 5)." 9 L SECTION 2. That the first sentence of subsection .040 of Section 18.78.020 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: to .040 District Boundaries. The Specific Plan area is divided into five land use Districts (the 'Districts'): Theme Park District, Parking District, Hotel District, Future Expansion District and District A." SECTION 3. That clause .0201(b) (1) of subsection .020 of Section 18.78.040 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11(1) Final Site Plans for all development within District A and 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." SECTION 4. That the introductory paragraph of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.050 LAND USES AND SITE DEVELOPMENT STANDARDS - GENERAL. Set forth below are the standards for the development of The Disneyland Resort Specific Plan Districts excepting that Subsections 18.78.050.010 entitled 'GENERAL' through 18.78.050.050 entitled 'PROHIBITED USES' and Section 18.78.050.075 entitled 'LOT TIES' of this Chapter, shall not apply to projects in District A or developed under the C-R Overlay requirements. The C-R Overlay standards for those uses are set forth in Section 18.78.100 entitled 'C-R OVERLAY' of this Chapter. The District A standards for those uses are set forth in Section 18.78.095 entitled 'DISTRICT A' of this Chapter. The Districts and corresponding Development Areas herein are those identified on the Development Plan Map (Exhibit 3.3b entitled 'Development Plan' of the Specific Plan document)." 6215.1\SMANN\March 18, 1994 4 SECTION 5. That paragraph .1011 of subsection .100 of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: to .1011 Walls. Walls containing solid surfaces accessible to the public, with the exception of walls that are part of an entry monument design, shall be planted with either clinging vines or fast- growing shrubbery which will screen the fence/wall surface so as to eliminate graffiti opportunities. Maximum permitted wall height shall not exceed twelve (12) feet provided that heights in excess of twelve (12) feet shall be subject to the approval of a Conditional Use Permit in accordance with Section 18.78.050.040 entitled 'CONDITIONAL USES AND STRUCTURES'. In the Theme Park District, chain link fences and trellises on walls for landscape screening purposes, are permitted to a maximum height of sixteen (16) feet. Walls constructed in District A and under the provisions of the C-R Overlay shall not exceed eight (8) feet." SECTION 6. That subsection .020 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby deleted SECTION 7. That subparagraphs .0302 (f) and .0303 (b) of subsection .030 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, deleted. SECTION 8. That subparagraph .0303 (c) of subsection .030 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, renumbered .0303 (b). SECTION 9. That subsection .0404 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: It .0404 From adjacent lots developed under the provisions of Section 18.78.100 entitled 'C-R OVERLAY' and Section 18.78.095 entitled 'DISTRICT A' of this Chapter: ten (10) feet minimum." 6215.1\SMANN\March 18, 1994 5 SECTION 10. That Section 18.78.095 be, and the same is hereby, added to Chapter 18.78 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.78.095 LAND USE AND SITE DEVELOPMENT STANDARDS -DISTRICT A .010 Purpose. This District has been established to permit the uses set forth in Chapter 18.48, entitled ''C-R' COMMERCIAL RECREATION ZONE' of the Anaheim Municipal Code. .020 Permitted Primary Uses and Structures. All primary uses and structures permitted in chapter 18.48.020 entitled 'PERMITTED PRIMARY USES AND STRUCTURES' of the Anaheim Municipal Code for hotels and motels, excluding height and room requirements but subject to the limitations prescribed in Section 18.78.050 entitled 'LAND USE AND SITE DEVELOPMENT STANDARDS -GENERAL,' Section 18.78.095.060 entitled 'DISTRICT A DENSITY' of this chapter, Section 18.48.015 entitled 'PERMITTED USES AND STRUCTURES GENERAL,' and Section 18.48.060 entitled 'PROHIBITED USES' of the Anaheim Municipal Code. .030 Permitted Accessory Uses and Structures. All accessory uses and structures permitted in Section 18.48.030 entitled 'PERMITTED ACCESSORY USES AND STRUCTURES' of the Anaheim Municipal Code. .040 Permitted Temporary Uses and Structures. All temporary uses and structures permitted in Section 18.48.040 entitled 'PERMITTED TEMPORARY USES AND STRUCTURES' of the Anaheim Municipal Code. .050 Conditional Uses. All conditional uses and structures listed in Section 18.48.050, excluding Section .090, entitled 'CONDITIONAL USES AND STRUCTURES' of the Anaheim Municipal Code. .060 District A Density. The maximum number of hotel/motels permitted within District A, as designated on Exhibit 3.3b entitled 'Development Plan' of the Specific Plan document, shall be Medium Density with up to seventy-five (75) hotel/motel rooms per gross acre or seventy-five (75) hotel/motel rooms per parcel existing on the 6215.1\SMANN\March 18, 1994 6 date of adoption of The Disneyland Resort Specific Plan Ordinance, whichever is greater. .070 Maximum Permitted Heights. .0701 Maximum Permitted Structural Height. The maximum permitted height of structures shall be as indicated on Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height.' .0702 Maximum Permitted Height at Required Setback: (a) Freedman Way: Seventy-five (75) feet. (b) Harbor Boulevard: Forty-five (45) feet. .0703 Sky Exposure Plan Adjacent to Public Rights -of -Way. The maximum height of structures adjacent to the following streets shall not exceed one (1) additional foot of height above the maximum permitted height at the required setback for each two (2) additional feet of setback as described in Section 18.78.030 entitled 'DEFINITIONS' of this Chapter and in Section 3.0. 'Land Use Plan,' of the Specific Plan document. (a) Harbor Boulevard .080 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. The minimum structural setback from adjacent interior lots shall be ten (10) feet minimum. .090 Setbacks from Abutting Public Rights - of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District. Such setbacks shall be measured from the ultimate planned public right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0 and 5.0 of the Specific Plan document. All setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the Design Plan. .0901 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section number 17a. 6215.1\SMANN\March 18, 1994 7 L .0902 Freedman Way. Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section number 17b." SECTION 11. That paragraph .0104 of subsection .010 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: if .0104 District A and C-R Overlay Parking Requirements. The minimum number, type and design of off-street parking spaces for uses developed in District A or under the provisions of the C- R Overlay shall comply with the requirements of Section 18.06.050 entitled 'VEHICLE PARKING AND LOADING REQUIREMENTS' of the Anaheim Municipal Code." SECTION 12. That the introductory language of subsections .100 and .120 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: " .100 Required Improvement of Parking Areas. Surface parking areas in the Hotel District, District A and within the C-R Overlay shall be improved in compliance with Section 18.06.030 entitled 'REQUIRED IMPROVEMENT OF PARKING AREAS' of the Anaheim Municipal Code; provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained in accordance with the standards listed below and the Design Plan." It .120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, District A and C- R Overlay only shall comply with the requirements of Section 18.06.040 entitled 'PARKING SPACE AND ACCESS DESIGN' of the Anaheim Municipal Code, and Engineering Standard Detail No. 602 entitled 'Minimum Off -Street Parking Dimensions for Non - Residential Uses,' and Engineering Standard Detail No. 604 entitled 'Parking Dimensions for Structures,' except as follows:" 6215.1\SMANN\March 18, 1994 8 6 SECTION 13. That the introductory language of subsections .030 and .050 of Section 18.78.120 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: it .030 Required Zoning. Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted only in the Theme Park, Hotel and Future Expansion Districts subject to the requirements of Section 18.78.050.020 entitled 'LIMITATION ON TOTAL NUMBER OF HOTEL GUEST ROOMS OR SUITES' of this Chapter and in District A and the C-R Overlay subject to the requirements of Section 18.78.120.050 entitled 'DEVELOPMENT STANDARDS' of this Chapter." It .050 Development Standards. The development standards established in the relevant District or C-R Overlay designation shall be applicable to vacation ownership resort and the conversion of existing facilities to vacation ownership resort use. In District A and in the C-R Overlay, additional requirements may be imposed as follows:" SECTION 14. That subsection .0506 of subsection .050 of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: it .0506 Time Limit. For development in conformance with the Theme Park, Hotel, Parking and Future Expansion Districts, five (5) years from date of construction or erection, and for development in conformance with District A or the C-R Overlay, one (1) year from date of construction or erection unless prior to expiration, approved by the Planning Director for an additional period not to exceed one (1) year." THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of April, 1994. MAYOR OF THE CITY OF JAHEIM ATTES . CITY CLERK OF THE CITY OF ANAHEIM 6215.1\SMANN\March 18, 1994 9 16 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5420 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of March, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of April, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5420 on the 13th day of April, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of April, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5420 and was published once in the Anaheim Bulletin on the 21 st day of April, 1994. I AA ITY CLERK OF THE CITY OF ANAHEIM