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superseded in the future and remove public parking facilities as a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)."
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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
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.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
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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