5736ORDINANCE N0. 5736
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING ORDINANCE NO. 5378, AS
PREVIOUSLY AMENDED, RELATING TO SPECIFIC PLAN
ADJUSTMENT NO. 3 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, 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 18.78 to said Code; and
WHEREAS, on April 12, 1994, the City Council adopted
Ordinance No. 5420 amending Ordinance 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
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 encompassed text
and exhibit changes throughout the Specific Plan document to
reflect the establishment of the new Pointe*Anaheim Overlay which
provides for the development of the Pointe*Anaheim Lifestyle
Retail and Entertainment Complex, including amendments to the
Development Plan, the Design Plan and Guidelines, the Public
Facilities Plan and the Zoning and Development Standards;
WHEREAS, the proposed amendment is to allow animal
storage facilities as a permitted accessory use for a parking
facility in the Parking District and to permit a theme park
gateway facility identifying a pedestrian entry to encroach into
the Theme Park District setback area adjacent to Katella Avenue;
and
WHEREAS, on July 31, 2000, the Anaheim City Planning
Commission considered the proposed Adjustment No. 3 and
recommended to the City Council that it adopt an ordinance
incorporating said proposed adjustment; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
determined that the project is categorically exempt from CEQA
under CEQA Guidelines Section 15061(b)(3), which provides that
where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA; and,
WHEREAS, the City Council desires to modify the Zoning
and Development Standards established by Ordinance No. 5378, as
previously amended, contained within Chapter 18.78 of the Anaheim
Municipal Code applicable to The Disneyland Resort Specific Plan
No. 92-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
A. That Ordinance No. 5378, as previously amended, 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:
E
SECTION 1.
That subsection .020 of Section 18.78.060 of Chapter 18.78
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.020 Permitted Accessory Uses and Structures. The following
accessory uses may be conducted where clearly incidental to and
integrated with a permitted primary use:
.0201 Theme Park Accessory Support Facilities. A
building, structure, device, mechanism, or other facility or
combination thereof which supports and is consistent with
the intent of the operation of a theme park. Such
facilities may include, but are not limited to:
(a) Administrative offices including temporary offices
within existing hotel buildings during construction
period only and subject to approval of the City Traffic
and Transportation Manager for parking layout and
vehicular access.
(b) Alcoholic beverages, on -premises consumption.
(c) Animal storage facilities. An establishment in which
six (6) or more dogs or other domesticated animals are
housed, groomed or temporarily boarded. Such facilities
shall be limited strictly to the use by guests and
patrons of a Theme Park and/or for use in the Theme
Park and must be located fifty (50) feet from any
residential zone.
(d) Automobile/vehicle parking lots or structures providing
off-street parking spaces, as required by this Chapter
for uses permitted under this Section.
(e) Banking facilities, including automated teller
machines.
(f) Child day care services intended for the use of theme
park employees.
(g)
Emergency
medical
facilities.
(h)
Employee
("Cast")
dressing room and rest areas.
(i) Mechanical equipment.
3
(j) Movie and theatrical production facilities within theme
park.
(k) Repair facilities for vehicles and attractions.
(1) Signs as permitted pursuant to Section 18.78.130 of
this Chapter.
(m) Staging areas.
(n) Storage facilities provided they shall not be visible
from a point six (6) feet above ground from an adjacent
public right-of-way or any adjacent or surrounding
property.
(o) Studios, radio and television. A facility which may
include accommodations for filming/taping in front of
live audiences.
0202 Hotel Accessory Support Uses.
(a) Administrative offices including temporary offices
within existing hotel buildings during construction
period only and subject to approval of the City Traffic
and Transportation Manager for parking layout and
vehicular access.
(b) Alcoholic beverage sales, off -premises consumption,
within a hotel complex.
(c) Alcoholic beverages, on -premise consumption.
(d) Amusement devices and/or arcades within a hotel complex
with no public access directly from the exterior of the
building and subject to the provisions of Chapter 4.14
of this Code.
(e) Banking facilities, including automated teller
machines.
(f) Barbershops.
(g) Beauty shops.
(h) Child day care services, within a hotel complex,
intended for hotel and theme park employees and guests.
11
(i) Caretaker unit. A residential dwelling intended to be
the primary or secondary living accommodations for the
manager or caretaker of a hotel. For hotels containing
less than three hundred (300) rooms, such unit shall be
less than one thousand two hundred twenty-five (1,225)
gross square feet in size and integrated within the
hotel only. For hotels containing three hundred (300)
rooms or more, such unit may not be more than three
thousand (3,000) gross square feet.
(j) Health spas and physical fitness centers within hotel
(n) Meeting and convention facilities as a part of a hotel
facility.
(o) Outdoor stands and booths.
(p) Postal and copy services.
(q) Recreational facilities, when a part of a hotel.
Recreational facilities include, but are not limited
to, outdoor playground areas, tennis and racquetball
courts, spas, and swimming pools, when integrated as
part of a hotel only.
(r) Rental agencies for automobiles.
(s) Restaurants, indoor and outdoor.
(t) Retail uses, integrated into hotel.
(u) Signs within a feature landscape element with the
following requirements:
5
complex and limited strictly to the use of the guests
and/or employees
of such hotel complex.
(k)
Kitchens in a hotel
complex or restaurant or
kitchenettes in
a hotel guest room or suite.
(1)
Laundry and dry
cleaning facilities as a part
of a
hotel facility.
(m)
Massage services
as a part of a hotel complex
in
accordance with
the requirements and permits
set forth
in Chapter 4.29
entitled and Chapter 18.89 of
this
Code.
(n) Meeting and convention facilities as a part of a hotel
facility.
(o) Outdoor stands and booths.
(p) Postal and copy services.
(q) Recreational facilities, when a part of a hotel.
Recreational facilities include, but are not limited
to, outdoor playground areas, tennis and racquetball
courts, spas, and swimming pools, when integrated as
part of a hotel only.
(r) Rental agencies for automobiles.
(s) Restaurants, indoor and outdoor.
(t) Retail uses, integrated into hotel.
(u) Signs within a feature landscape element with the
following requirements:
5
(1) Shall be constructed in compliance with the Design
Plan;
(2) Shall replace monument signs permitted in Section
18.78.130.0601 of this Chapter;
(3) Shall be setback a minimum of seven (7) feet from
the ultimate public right-of-way;
(4) Shall not exceed a maximum of ten (10) feet in
height;
(5) Shall not have more than two sign faces per hotel
entry drive; and
(6) Shall not create a continuous wall along the
public right-of-way.
(v) Travel services.
.0203 Gateway Facilities.
(a) Except as provided in Section 18.78.060.020.0203(b),
gateway facilities which provide access to the ticket
booths that serve theme parks, including but not
limited to, directory and informational signs, flags,
banners and changeable copy signs, provided the
changeable copy signs shall have the following
requirements:
(1) No more than one (1) changeable copy sign per
(b) One gateway facility, which identifies the pedestrian
entry to The Disneyland Resort Theme Park District, may
encroach into the setback area adjacent to Katella
H
street frontage;
(2)
Shall not be located within
the required setback
area along Katella Avenue;
(3)
Maximum height of seventy
(70) feet;
(4)
Maximum sign copy area of
thirteen hundred
(1,300)
square feet with a maximum
of five hundred
(500)
square feet of changeable
copy; and,
(5)
The changeable copy signs
can be single or
double
sided.
(b) One gateway facility, which identifies the pedestrian
entry to The Disneyland Resort Theme Park District, may
encroach into the setback area adjacent to Katella
H
Avenue provided that the gateway facility meets the
following requirements:
(1) Maximum sign copy area for each side of the
gateway facility shall not exceed two hundred and
fifty (250) square feet;
(2) No changeable copy sign area shall be permitted;
(3) The design and location of the gateway facility
shall be subject to the review and approval of the
Planning Director as being compatible in scale
with the pedestrian entryway, and compatible in
design with the gateway facilities permitted in
accordance with Section 18.78.060.020.0203(a)
above."
SECTION 2.
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, amended to read as follows:
".020 Permitted Accessory Uses and Structures. The following
accessory uses may be conducted where clearly incidental to and
integrated with a permitted primary use:
.0201 Animal storage facilities. An establishment in which
six or more dogs or other domesticated animals are housed,
groomed or temporarily boarded. Such facilities shall be
limited strictly to the use by patrons of the parking
facility and guests of hotels in The Anaheim Resort' and
must be located a minimum of 100 feet from any property
line. Such facility shall be enclosed in an air-conditioned
structure with the exception of an outdoor exercise area.
Utilization of said outdoor exercise area shall be limited
to one animal at a time. Said facility shall support and be
consistent with the intent of the operation of the parking
facility. Said facility shall also be designed so that
noise associated with the operation of the animal storage
facility shall not exceed 60dBA at any exterior Disneyland
Resort Specific Plan property line, as demonstrated by an
acoustical analysis submitted prior to the issuance of a
building permit for the animal storage facility."
SECTION 3.
7
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.
SECTION 4.
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
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION S.
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 19th day of September, 2000.
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