Loading...
5378ORDINANCE NO. 5-179 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.78 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP92-1) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code is hereby amended by adding thereto Chapter 18.78 to read as follows: CHAPTER 18.78. SPECIFIC PLAN NO. 92-1 (SP92-1) ZONING AND DEVELOPMENT STANDARDS Sections: 18.78.010 PURPOSE AND INTENT. 18.78.020 GENERAL PROVISIONS. 18.78.030 DEFINITIONS. 18.78.040 METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION. 18.78.050 LAND USE AND SITE DEVELOPMENT STANDARDS -GENERAL. 18.78.060 LAND USE AND SITE DEVELOPMENT STANDARDS -THEME PARK DISTRICT (DEVELOPMENT AREA 1). 18.78.070 LAND USE AND SITE DEVELOPMENT STANDARDS -HOTEL DISTRICT (DEVELOPMENT AREA 2). 18.78.080 LAND USE AND SITE DEVELOPMENT STANDARDS -PARKING DISTRICT (DEVELOPMENT AREAS 3A AND 3B). 18.78.090 LAND USE AND SITE DEVELOPMENT STANDARDS -FUTURE EXPANSION DISTRICT (DEVELOPMENT AREA 4). 18.78.100 C-R OVERLAY. 18.78.110 OFF-STREET PARKING AND LOADING REQUIREMENTS. 18.78.120 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. 18.78.130 SIGN REGULATIONS. 18.78.140 APPLICATION FEES. 18.78.150 DEVELOPMENT REVIEW AND PERMITS. 18.78.160 DEDICATION AND IMPROVEMENTS. 18.78.170 RECLASSIFICATION PROCEDURE—VIOLATION. 18.78.180 PENALTIES FOR VIOLATIONS. 18.78.190 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. 18.78.200 NONAPPLICABILITY. 18.78.010 PURPOSE AND INTENT. .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 I (hereinafter referred to as the '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 6/29/931 as the same may be hereinafter amended. .020 Intent. The Disneyland Resort Specific Plan Zone recognizes the uniqueness of the Commercial Recreation Area as a family-oriented tourist center destination and provides for the development of an urban destination resort that features theme park attractions, hotel/motels, restaurants, shopping opportunities and parking facilities directly related to entertaining, lodging and supplying services to tourists and visitors consistent with the intent, purpose and goals of the City's General Plan. This Zone is further intended to enhance community appearance; to protect public investment in, and the character of, public thoroughfares; and to aid in the attraction of tourists and other visitors important to the economy of the City. Application of these regulations is specifically intended to provide for the most appropriate use of the land, create a harmonious relationship among land uses and protect the health, safety and welfare of the community. .030 Organization. In accordance with the provisions of Chapter 18.93 of the Anaheim Municipal Code entitled "SPECIFIC PLANS," the standards herein are patterned after the zone districts and definitions contained in Title 18, "ZONING," of the Anaheim Municipal Code. 18.78.020 GENERAL PROVISIONS. .010 Compliance With Disneyland Resort Specific Plan Code. All uses and development in this Zone shall comply with any applicable provisions of the Code expressly referred to in this Chapter, including, unless specifically amended herein, the provisions of Chapters 18.01 entitled "DEFINITIONS -ZONING CODE" and 18.04 entitled "SITE DEVELOPMENT STANDARDS -GENERAL" of this Code; provided, however, that in the event of any conflict or inconsistency between any provision contained in any other Chapter of this Code and any provision contained in this Chapter, the provision contained in this Chapter shall govern and apply. All Engineering Standards referred to in this Chapter are on file in the Office of the City Engineer and are incorporated herein by reference as if fully set forth in this Chapter. Where the provisions of this Zone do not discuss a specific condition or situation which arises, the nonconflicting provisions of the Anaheim Municipal Code shall apply. 2 .020 Disneyland Resort Design Plan. The site development standards set forth in Sections 18.78.050 through 18.78.110 of this Chapter 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') as the same may be hereinafter amended in accordance with the Specific Plan amendment procedures set forth in Chapter 18.93 entitled "SPECIFIC PLANS" of the Anaheim Municipal Code. Said Disneyland Resort 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. .030 Compliance with City of Anaheim Codes. All grading and subdivision plans shall comply with all applicable regulations and be reviewed and processed in accordance with the procedures contained in Title 17 "LAND DEVELOPMENT AND RESOURCES" of the Anaheim Municipal Code. All construction shall comply with the provisions of the Uniform Building Code, as adopted by the City of Anaheim, and applicable sections of Title 15 "BUILDING AND HOUSING" of the Anaheim Municipal Code. Construction within any District may commence only after the Planning Director finds that the construction proposal is in substantial compliance with these regulations, applicable policies and guidelines of The Disneyland Resort Specific Plan. With the exception of exemptions provided in Section 18.78.040.0201(d), the issuance of building permits may only occur after Final Site Plan approval has been obtained from the City of Anaheim, subject to the procedures set forth in 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" of this Chapter. .040 District Boundaries. The Specific Plan area is divided into four land use Districts (the 'Districts'): Theme Park District, Parking District, Hotel District and Future Expansion District. The Specific Plan area and District boundaries are identified on Exhibit 3.3b entitled 'Development Plan' of the Specific Plan document. The project area legal description is provided in Section 9.0 of the Specific Plan document. Modifications to the configuration and size of the District boundaries may result from technical refinements and site conditions in the subdivision and/or Final Site Plan process, and may be modified in accordance with the procedures set forth in Section 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" of this Chapter, without amendment to the Specific Plan. Precise District boundaries shall be established, as hereinafter provided, by the submittal, review and approval of subdivision maps in conjunction with the subdivision process as set forth in Chapter 17.08, "SUBDIVISIONS," and Title 18, "ZONING," of the Anaheim Municipal Code and/or "FINAL SITE PLANS" in accordance with Section 3 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" of this Chapter. The Zoning Map of the City shall reflect the boundaries of the District as defined in conjunction with the recordation of subdivision maps or approval of Final Site Plans if no subdivision is involved. .050 Nonconforming Structures and Uses. .0501 The provisions of Section 18.02.058 entitled "NONCONFORMING STRUCTURES AND USES -GENERAL" of the Anaheim Municipal Code, shall apply to this zone. .0502 The provisions of Section 18.78.130.0207 entitled "LEGAL NONCONFORMING SIGNS -GENERAL" of this Chapter shall apply to nonconforming signs. .0503 The site development standards in Section 18.78.050.110 entitled "LANDSCAPING" in this chapter shall apply to all landscaping hereinafter installed or modified, and to all landscape on any lot or parcel containing a building hereinafter structurally modified to an extent exceeding forty-five percent (45%) of the gross floor area of said existing building within any two-year period. .0504 The site development standards in this Chapter shall apply to the structural expansion portion of every building hereinafter expanded. .0505 Continuation of buildings and structures made nonconforming by reclassification to the SP92-1 Zone: (a) Buildings and structures in the Theme Park District existing on the effective date of the ordinance adopting this Chapter, including the monorail support structures, located within 50 feet of the right-of-way of Interstate 5 and Harbor Boulevard between Interstate 5 and a point five hundred (500) feet south of the intersection of Harbor Boulevard and Manchester Avenue; structures on Ball Road and on West Street/Disneyland Drive. (b) Buildings and structures in the Hotel District existing on the effective date of the ordinance adopting this chapter, located within fifty (50) feet of the right-of-way of Walnut Street between 4 I Cerritos Avenue and the existing Southern California Edison Corridor. (c) If these structures are destroyed, they may be restored and the occupancy or use of such building or part thereof which existed at the time of such destruction may be continued subject to all other provisions of this Chapter. The above listed structures are shown in Exhibit 3 entitled 'Existing Structures to Remain' of the Specific Plan document. (d) Relocation of the monorail shown on Exhibit 3 entitled 'Existing Structures to Remain' of the Specific Plan document can occur subject to the approval of the City Engineer. .060 Zoning Code. Any reference to the zoning code made in this Chapter shall mean Title 18 of the Anaheim Municipal Code. .070 Terms. Terms used in this Chapter shall have the same definitions as provided in the Anaheim Municipal Code unless otherwise defined in Section 18.78.030 entitled "DEFINITIONS." .080 General Plan Consistency. In adopting Resolution 93R-146 approving and adopting the Specific Plan, the City Council of the City of Anaheim made certain findings of consistency between the General Plan of the City and the Specific Plan. In granting future approvals as contemplated by this Chapter and by the Specific Plan, the particular person or body so acting shall not do so in such a manner as to abrogate or nullify those findings. 18.78.030 DEFINITIONS. For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word 'shall' is always mandatory and not merely directory. Words used only once are defined where they appear in this Chapter. .010 "A" WORDS, TERMS AND PHRASES. .0101 Accessory Use, Permitted. A Permitted Accessory Use is a use which is considered to be compatible with a Permitted Primary Use while also being clearly incidental to and integrated with the Permitted Primary Use. A Permitted Accessory Use is permitted as of right, provided that the specific proposal for such a use conforms to all 5 a requirements of the Specific Plan. A Permitted Accessory Use is a use which is secondary or subordinate to a Permitted Primary Use. .0102 Appurtenant Structures. Structures subordinate to the primary structure such as, but not limited to, elevators, stairways, ventilating fans. .0103 Automobile Rental Agency. A business specializing in the rental of automobiles. .020 "B" WORDS, TERMS AND PHRASES. .0201 Back -of -House. The area of a theme park not normally accessible to theme park visitors which contains maintenance and repair facilities, storage areas, administrative offices, animal storage facilities, employee dressing rooms and rest areas, mechanical equipment, and other theme park support facilities. .030 "C" WORDS, TERMS AND PHRASES. .0301 Child Day Care Center. An establishment which provides care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. .040 "F" Words, Terms, and Phrases .0401 Fence. An artificially constructed barrier constructed solely of metal, or metal and wood and intended to enclose and screen areas from adjacent property. For the purposes of this Chapter, fences shall include, but shall not be limited to, chain link fences, wrought iron fences, and tube -steel fences. .050 "G" WORDS, TERMS AND PHRASES. .0501 Gross Square Footage. The total square footage of a building or structure, including the exterior walls of all floors. .060 "H" WORDS, TERMS AND PHRASES. .0601 Height, Maximum Structural. The maximum structural height shall be as defined in Section 18.01.090 entitled "'H' WORDS, TERMS AND PHRASES" A of the Anaheim Municipal Code provided that for parking structures located within the Parking District, the maximum structural height shall be determined by the vertical measurement from the base elevation to the highest elevation of the primary structure. Any appurtenances which are less than twenty (20) feet higher in elevation than the highest elevation of the primary structure are allowable. The base elevation is the highest elevation of the exterior finished grade at any point along the perimeter of the structure which is ten (10) feet from the face of the structure. .0602 Hotel/Motel Guest Room. The smallest accommodation that can be made available for a patron; it shall contain one full bath and sleeping accommodation with keyed entry. .0603 Hotel/Motel Guest Suite. A hotel/motel guest room that is for rent by a single party with one entry door key for the guest that also controls the door into the guest room and the door into service/kitchen area. A hotel/motel guest suite shall be considered one room for the purpose of total room count permitted in the Specific Plan area, even if it includes more than one room. .070 "K" WORDS, TERMS AND PHRASES. .0701 Kitchenette. Any room or area within a hotel or motel unit intended or designed for the preparation of food but limited to a six (6) cubic foot refrigerator, two (2) burner stove without provisions for oven and/or baking facilities, or a microwave oven, and a single compartment sink. .080 "L" WORDS, TERMS AND PHRASES. .0801 Lot or Parcel. (1) A parcel of real property as shown on the effective date of this ordinance as a delineated parcel of land with a number or other designation on a plat recorded in the Office of the County Recorder of Orange County; or, (2) a parcel of real property not delineated as (1) above, and abutting at least one public street or alley, and held under separate ownership from adjacent property prior to the effective date of the ordinance adopting this Chapter; or (3) a parcel of real property not delineated as in (1) 7 above, and containing an area not less than the prescribed minimum square footage and lot width required for the zone in which it is located, and abutting at least one public street or alley, if the same was a portion of a larger piece of unsubdivided real property held under single ownership prior to the effective date of the ordinance adopting this Chapter. .090 "M" WORDS, TERMS AND PHRASES. .0901 Murals. A painted picture located on a wall of a building or structure. .100 "P" WORDS, TERMS AND PHRASES. .1001 Parking Facilities. An area or structure intended for the temporary storage of automobiles and other vehicles. Such facilities may consist of, but are not limited to, surface parking lots, parking structures and parking areas under buildings. .1002 People Mover/Moving Sidewalk. An electric conveyance system intended to convey pedestrians from one part of the Specific Plan area to another. .1003 Planning Director. The Planning Director of the City of Anaheim or his or her duly authorized designee. .1004 Porte-Cochere. An accessory use consisting of a reserved space, roofed or unroofed, and attached to the side or front of a building and established for the convenient loading and unloading of passengers. .1005 Primary Use, Permitted: A Permitted Primary Use is a use that is contemplated to be the main and predominant use in the underlying District. Such use is permitted as of right, provided that the specific proposal for such use conforms to all requirements of the Specific Plan. While such uses are not the sole uses allowed in the applicable District, a primary permitted use is the central use in the District and generally will occupy the majority of land in the District. .1006 Public Right -of -Way: Any area of real property dedicated to or owned by the City of Anaheim or 8 Y over which the City of Anaheim holds any easement, for public street, alley, sidewalk, landscape, utility or pedestrian purposes; and accepted by resolution of the City Council. .110 "R" WORDS, TERMS AND PHRASES. .1101 Restaurant, Enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted entirely within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and may also serve other such restaurants provided if the restaurant is freestanding the food preparation area shall constitute not less than twenty-five percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. .1102 Restaurant, Satellite. Any establishment which is engaged primarily in the business of serving meals. The food preparation area for such a restaurant shall be an area permanently designed for food preparation, but may be located in a separate building from where the meals are served. Meals in such a restaurant may be served at tables or by self-service. Meals may be consumed either within a building or outdoors in an area designated for such purpose. .1103 Restaurant, Semi -enclosed. Any establishment which is engaged primarily in the business of preparing and serving meals, provided that the activity of preparing and serving meals shall be conducted mainly within a building. The food preparation area for such a restaurant shall be an area permanently designed for food preparation and shall constitute not less than twenty-five percent of the gross floor area. Such establishments may provide take-out service only as a limited, ancillary function. .1104 Restaurant, Walk-up. Any establishment which is engaged in the business of preparing and purveying food on a self-service basis, where service to the consumer is by means of a window or opening to the outside of the building and the food may be consumed either inside or outside the building. 9 I .1105 Retail Entertainment Center. Centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not to the general public residing in the vicinity of such center. .120 "S" WORDS, TERMS AND PHRASES. .1201 Sign. See Section 18.78.130.010 entitled "DEFINITIONS PERTAINING TO SIGNS" of this Chapter. .1202 Sky Exposure Plane. An invisible surface intended to define the maximum structural height of a building. Such surfaces extend upward from a point established by defining the minimum setback from the adjacent property line and the maximum building height permitted at that setback line. The slope of the sky exposure plane within the Specific Plan area shall not exceed 2:1, which means that the height of a structure shall not exceed one (1) additional foot in height for each two (2) additional feet of setback from the adjacent property line, as measured perpendicularly from said property line. .1203 Speed Parking. A special parking procedure in which vehicles are directed to specific parking spaces and are not allowed to circulate freely in a surface parking lot or parking structure. Such procedures are intended to expedite the parking of vehicles containing theme park visitors and/or Anaheim Convention Center users in order to reduce stacking of vehicles on public roads or streets, and to minimize vehicle idling time, thereby reducing emissions. .130 "T" WORDS, TERMS AND PHRASES. .1301 Temporary Use. A temporary use is a use which is allowed only for a specified period of time as either an interim use of a site prior to its conversion to a Primary, Accessory or Conditional Use, or as a use necessary to implement the conversion of a site to a permanent use. A temporary use is subject to the regulations described in this Chapter. .1302 Transportation Facility. Facilities and structures intended to accommodate transportation terminal stations (facilities intended to 10 I accommodate the transfer from automobile or pedestrian travel to bus, train or other forms of mass transit), fixed transit guideways, and other structures intended to move passengers or pedestrians from one location to another. .1303 Turf block. Any one of several paving products made of concrete or plastic which permit turf or other low -growing plant materials to grow through the paving so that the paving is not easily seen. Turf block paving is intended for occasional vehicle traffic, such as required emergency access through landscaped areas. .140 "U" WORDS, TERMS AND PHRASES. .1401 Ultimate Planned Right -of -Way. The right-of-way designated in the Circulation Element of the Anaheim General Plan as further described in Chapter 4.0, Public Facilities Plan of The Disneyland Resort Specific Plan. Required setbacks shall be measured from the ultimate planned right-of-way shown on the General Plan including any Critical Intersection standard applicable to the property. .150 "V" WORDS, TERMS AND PHRASES. .1501 Vacation Ownership Resort. A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A vacation ownership resort interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. .160 "W" WORDS, TERMS AND PHRASES. .1601 Wall. (1) the vertical exterior surface of a building; (2) vertical interior surfaces which divide a building into rooms; (3) an artificially constructed barrier constructed predominately of masonry, but which may include a combination of masonry and other materials such as metal or wood 11 I and which is intended to enclose or screen areas of land. As defined herein, masonry shall include, but shall not be limited to: concrete masonry units (such as precision concrete block, slump block, or other similar products), brick, concrete (either pre -cast or cast -in-place), and stucco. 18.78.040 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 (a) Planning Commission Report and Recommendation Item. Final Site Plans for the following types of plans shall be subject to the review and approval by the Planning Commission at a public meeting as a Report and Recommendation: (1) All development in the Hotel District with the exception of development subject to the standards and requirements set forth in Section 18.78.100 entitled "C-R OVERLAY" of this Chapter. (2) Streetscape and landscape within the Theme Park District Setback Realm, as described in the Design Plan. (3) Minor boundary and acreage variations not exceeding ten percent (10%) of the larger parcel. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this 12 I 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. (b) Planning Commission Public Hearing Item. (1) 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. (2) 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 subdivision 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: [a] 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; [b] 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; [c] That the approval of the Final Site Plan under the conditions imposed, if any, 13 I will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim. (3) Notwithstanding the provisions and limitations of the foregoing subsections [a], [b] and [c], 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 [a], [b] and [c] 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 (i) one or more of the findings of fact required by subsections [a], [b] and [c] above is not made or (ii) insufficient evidence is set forth in the record to support one or more of the findings of fact. (c) C-R Overlay. Final Site Plans for development within the C-R Overlay shall be processed in the following manner: (1) Proposed development in conformance with the requirements of the District shall be processed according to the requirements of that District. (2) Proposed development in conformance with the requirements of the C-R Overlay shall be processed as a Planning Commission Public Hearing Item as described in Subsection (b) above. (d) Exemptions. Development within the Theme Park District intended for theme park and theme park back -of -house support uses, hotels within the theme park, parking facilities in the Parking District and parking facilities within the Future Expansion District as shown on Exhibit 5.8.3e entitled 'Future Expansion District Concept Plan' of the Specific Plan document, 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 14 I Department and shall be reviewed for conformance with all applicable provisions of the Specific Plan prior to issuance of building permits. .0202 Content of the Final Site Plan Submittal. Final Site Plans shall contain the following information, and other information as required by the Planning Director: (a) Location of property lines and existing and proposed easements; (b) Proposed uses of the property, location of buildings, vehicular and pedestrian circulation elements, parking lots, landscape and open space areas; (c) Proposed building floor plans and elevations; (d) Conceptual grading and drainage plans showing finished floor elevations; (e) Service areas; (f) Utility location (above and below ground); (g) Demolition plans showing existing structures and trees greater than 4" in diameter at 4'-0" above grade; (h) Proposed landscape and irrigation plans; (i) Tabulation of parking count, square footage of buildings, and open space area; (j) Sign locations, size, elevations, sign copy and color as part of the coordinated sign program. (k) Parking lot plans as described in Section 18.78.110.050 of this Chapter; (1) Structural height plans, elevations, and cross sections demonstrating compliance with the height provisions of this Chapter; and, (m) Lighting plans. .0303 Phased Submittals. Final Site Plans may be submitted for phases or portions of phases as 15 I shown and described in Exhibit 3.4a, 'Phasing Plan,' of the Specific Plan document. .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 Section 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" in this Chapter. 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 Section 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" in this Chapter 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 procedures set forth in Section 18.78.040.0201(a) entitled "PLANNING COMMISSION REPORT AND RECOMMENDATION ITEM" in this Section 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 16 I 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 Section 18.78.040.0201(a) entitled "PLANNING COMMISSION REPORT AND RECOMMENDATION ITEM" in this Chapter. .050 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.93 entitled "SPECIFIC PLANS" of the Anaheim Municipal Code. 18.78.050 LAND USE 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 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 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). .010 General. Notwithstanding any other provisions of this Chapter, the following additional limitations shall apply to the conduct of any use permitted in this Zone: .0101 All uses, except in the Theme Park District, or as otherwise permitted in this Chapter, shall be conducted wholly within a building. .0102 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, gas, vibrations or other similar causes detrimental to the public health, 17 safety or general welfare. .0103 All stores shall deal primarily in new merchandise, excepting as otherwise specified in this Chapter. .020 Limitation on Total Number of Hotel Guest Rooms or suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed five thousand six hundred (5,600) rooms, not including those permitted under Section 18.78.100.060 entitled "C-R OVERLAY DENSITY" of this Chapter. The total number of rooms shall be further limited as follows: .0201 Up to one hundred fifty (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms may be designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of this Chapter. .0202 Up to one thousand (1,000) of the five thousand six hundred (5,600) guest rooms may be located within the Theme Park District, provided that visitor vehicular access to any hotel within the Theme Park District shall be obtained from West Street/Disneyland Drive only. .030 Permitted Temporary Uses and Structures. The following temporary buildings, structures and uses shall be permitted subject to the conditions and limitations specified herein: .0301 Contractor's Office and/or Storage. Temporary structures including the housing of tools and equipment or containing supervisory offices in connection with construction projects. Such structures may be established and maintained during the progress of construction on projects in accordance with the phasing plan of the Specific Plan. The location and duration of such use shall be subject to the approval of the Planning Director. .0302 open Air Festival. An event (public gathering, speech, concert, presentation, or show) oriented towards tourists and visitors to The Disneyland Resort and held outside in a theme park or hotel 18 I complex out of view of the public right-of-way and not directed to the public right-of-way. .0303 Special Events. The temporary use of premises for promotional events as defined in Section 18.01.200 entitled "'S' WORDS, TERMS AND PHRASES" of this Code, including but not limited to promotional or outdoor sales, amusements, such as rides, games, booths, or similar devices, but not including Open Air Festivals or events within the theme parks, shall be subject to compliance with the provisions of Chapter 4.02 entitled "SPECIAL EVENTS" of this Code. .0304 Temporary Parking Lots. Temporary parking lots are subject to the review and approval of the City Traffic and Transportation Manager in accordance with Section 18.78.110.070 entitled "TEMPORARY PARKING" of this Chapter. For the purposes of this Chapter, 'temporary parking lots' shall be defined as an area intended for the temporary parking of automobiles and other vehicles and not intended to be the ultimate use of the property. .040 Conditional Uses and Structures. Due to the uniqueness of the Specific Plan area as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted in any District, unless limited to a specific District herein, provided a conditional use permit is approved therefore pursuant to, and subject to the conditions and required showings of Section 18.03.030 entitled "CONDITIONAL USE PERMITS (C.U.P.'s)-GENERAL" of this Code. Proposed plans for related signage shall be submitted with each conditional use permit application and shall be subject to approval by conditional use permit. .0401 Conversion of existing hotel facilities to Vacation Ownership Units subject to compliance with the requirements of Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of this Chapter. .0402 In the Theme Park and Hotel Districts, Vacation Ownership Units in excess of one hundred (150) units subject to compliance with the requirements of Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of this Chapter. 19 I .0403 Emergency medical facilities with ambulance. .0404 Helistops. .0405 Signs as provided for in Section 18.78.130.0602 entitled "CONDITIONALLY PERMITTED SIGNS" of this Chapter. .0406 Any use not otherwise specified or prohibited in this Zone but meeting the intent of the goals and objectives as set forth in the Specific Plan document for each of the Districts. .0407 Masonry walls above twelve feet (121) in height and fences above sixteen feet (161) in height. .050 Prohibited Uses. The following uses shall be specifically prohibited in all Districts: .0501 Ambulance services. .0502 Adult entertainment business. Any business activity wherein patronage and/or employment is limited to persons eighteen (18) years of age or older as identified in Section 18.89.020 entitled "(ADULT ENTERTAINMENT BUSINESS) DEFINITIONS" of this Code, except as otherwise expressly permitted pursuant to any other provision of this Chapter. .0503 Automotive towing services. .0504 Billboards. As defined in Section 18.78.130.010 entitled "DEFINITIONS PERTAINING TO SIGNS" of this Chapter. .0505 Bingo establishments. .0506 Cemeteries. .0507 Christmas tree sales lots and/or stands. .0508 Commercial retail centers, as defined in Section 18.01.040 entitled "'C' WORDS, TERMS AND PHRASES" of the Anaheim Municipal Code, mini -malls and other shopping centers not in conformance with the requirements of a Retail Entertainment Center, as defined in Section 18.78.030 entitled "DEFINITIONS" of this Chapter. .0509 Convenience markets or mini -markets. 20 J .0510 Conversion of hotels or motels to permanent or semi-permanent living quarters, except for a caretaker/manager unit as specified in Subsection 18.78.060.020 entitled "PERMITTED ACCESSORY USES AND STRUCTURES." .0511 Drive-in or drive-through restaurants. Any establishment which is engaged in the business of preparing and purveying food where provision is made for serving and consumption of food to patrons in vehicles while they are on the premises or for patrons in vehicles for consumption at a separate location either on or off the premises. .0512 Headshops. For purposes of this Chapter, a headshop is defined as any commercial enterprise or establishment, whether ongoing or transient, which sells any devices, contrivances, instruments or paraphernalia as defined in Section 7.10.020, Section (g), entitled "(ADVERTISING, DISPLAY AND SALE OF PARAPHERNALIA TO MINORS) DEFINITIONS" of the Anaheim Municipal Code. .0513 Heliports. .0514 Hospitals. An institution providing primary health services or surgical care to persons or animals, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. For the purposes of this Chapter, hospitals shall include convalescent homes, rest homes, sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals, all of which are defined in Section 18.01 entitled "DEFINITIONS" of the Anaheim Municipal Code. .0515 Industrial uses, as set forth in Chapter 18.61 entitled "ML LIMITED INDUSTRIAL ZONE," and Chapter 18.63 entitled "MH HEAVY INDUSTRIAL ZONE," of this Code. .0516 Kitchens or kitchenettes except as otherwise expressly permitted in this Zone. 21 a .0517 Mobile home parks, including expansion of existing facilities to increase the number of mobile home sites. .0518 Office buildings when not accessory to, and integrated as part of an on-site permitted primary or conditional use. .0519 Pawnshops. .0520 Residential hotels or motels. .0521 Sale of alcoholic beverages for on -premises consumption and/or off -premise consumption except as otherwise expressly permitted in this Zone. .0522 Secondhand Shops. .0523 Single-family or multiple -family dwelling units except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. .0524 Strip shopping centers. A building or collection of buildings containing retail and/or commercial uses in which the primary orientation of the buildings, entrances, signs, and uses is toward the adjacent public street, and in which parking areas or access to parking areas are prominently displayed to passing vehicles. Such shopping centers may contain uses intended to attract either the general public or tourists, visitor and/or recreational consumers. .0525 Structures exceeding the maximum heights defined in Exhibit 1 entitled 'Maximum Permitted Structural Heights' of the Specific Plan document. .0526 Structures originally designed or intended for residential use but used for non-residential purposes. .0527 Truck and trailer rental services. .0528 Uses or activities not listed in this Chapter which are inconsistent or incompatible with the intended purpose of Specific Plan No. SP92-1. 22 Y .060 General Building Site Requirements. The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this Zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or parking areas on adjacent sites. The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .070 Structural Height and Lot Width Requirements.This Section contains general building height and parcel width requirements that apply to this Zone, except as otherwise provided by this Chapter. .0701 Maximum Permitted Structural Height. Except as otherwise provided in this Chapter, the maximum structural height of any building or structure shall not exceed the maximum heights defined in Exhibit 1 entitled 'Maximum Permitted Structural Heights' of the Specific Plan document as hereinafter set forth in this Code and the provisions of which are incorporated herein by this reference. .0702 Maximum Permitted Structural Height at the Required Setback. As specified in this Chapter, all structures shall have a maximum permitted structural height at the required setback in order to provide a scale appropriate for pedestrians and to permit sunlight to reach the street. These heights are defined specifically for each District setback. .0703 Sky Exposure Plane. Permitted Height Between Maximum Height at the Required Setback and Maximum Permitted Height. No structure shall exceed the sky exposure plane defined in Section 18.78.030 entitled "DEFINITIONS" of this Chapter and as described in Section 3.0, 'Land Use Plan' of the Specific Plan document. .0704 Minimum Lot Width. Each lot shall have a minimum width at the street frontage of not less than one hundred seventy-five (175) feet. This requirement shall not apply to any lot lawfully created prior to the effective date of this Chapter and shall not render any such lot nonconforming to this 23 Chapter for purposes of applying any other requirements contained herein. .0705 Lot Ties. Lot ties, defined as the joining together of two separate parcels but adjoining lots into a single building site pursuant to a covenant to hold the property as one building site when a lot line adjustment is not feasible, shall be allowed within this zone. Such covenant shall conform to such requirements as to form, content and processing as may be specified by the City Attorney, the Planning Director and the City Engineer. .080 Structural Setback and Yard Requirements. Buildings in this Zone shall be provided with open yards and setbacks extending across the full width of the parcel. Such minimum open yards and setbacks shall be measured from the ultimate planned right-of-way as indicated on the General Plan and further described in the Design Plan and in Sections 4.0 and 5.0 of the Disneyland Resort Specific Plan document. .090 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall comply with the provisions of Section 18.04.043 entitled "PERMITTED ENCROACHMENTS INTO REQUIRED YARDS—GENERAL" of this Code, except as provided herein. .0901 Appurtenant Structures. The following structures appurtenant to other structures shall be permitted to encroach into required setbacks as shown in Cross Sections la, ib, 12, 15, 16 and 17 contained in Section 5.0, 'Design Plan,' of the Specific Plan. (a) Access ramps for automobiles to enter and exit parking facilities. (b) Access ramps and stairways for pedestrians to enter and exit parking facilities, hotels, motels and other permitted structures. .0902 Mass Transit Related Structures. Structures related to the operation of the people mover/moving sidewalk and monorail systems, including stations, pedestrian access ramps and stairways, and elevated tracks on which the vehicles operate shall be permitted to encroach into required setbacks. 24 .0903 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height, except as approved by the Transportation and Traffic Manager, shall be permitted within the 'Commercial Drive Approach' area as defined by Engineering Standard Detail No. 137. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this Chapter. .0904 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks except in the Theme Park District on Harbor Boulevard in the bus and shuttle drop-off area and in the existing parking facilities in the Hotel District and in the Theme Park District as described in Exhibit 3, 'Existing Structures to Remain,' of the Specific Plan document. Surface parking between the front building line and the required front yard setback is permitted except on Harbor Boulevard and Katella Avenue. .0905 Parking in Interior Lot Setbacks. Where an interior lot property line abuts a multiple -family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the residential zone property line on maximum fifteen (15) foot centers; and further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in Section 18.78.050.1002 entitled "SCREENING ABUTTING RESIDENTIAL PROPERTY" of this Chapter. .0906 Fountains, Ponds, Sculptures Permitted. Fountains, ponds, sculptures, decorative paving, planters and decorative walkways shall be permitted within the required setback, provided they are an integral part of the landscaping plans approved with the Final Site Plan as described in Section 18.78.040.020. entitled "FINAL SITE PLAN APPROVAL" of this Chapter. .0907 Decorative Screen -Type Fences or Walls. Decorative, screen -type fences or walls, not 25 I exceeding thirty-six (36) inches in height, for the purpose of screening utility devices or facilities such as back flow assemblies and gas meters, shall be permitted provided such walls shall not be located closer than ten (10) feet from the nearest point of any street right-of-way line, and further provided such walls do not prohibit access to utility devices or facilities. .0908 Signs Permitted. Signs shall be permitted as provided in Section 18.78.130 entitled "SIGN REGULATIONS" of this Chapter except as otherwise restricted by Sections 18.78.130.060 entitled "BUSINESS AND IDENTIFICATION SIGNS," Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' found in Section 18.78.130.0604 entitled °SIGN STANDARD MATRICES" and Section 18.78.130.070 entitled "AUTOMOTIVE SERVICE STATION SIGNS" of this Chapter. .0909 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from the front property line, and further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. .0910 Drives and Walkways Permitted. Entrance and exit drives and walkways into building or parking areas that are perpendicular to the centerline of the street from which access is provided shall be permitted. .100 Required Site Screening. .1001 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway or residential zone boundary as set forth in Section 18.78.090.050 entitled "STRUCTURAL SETBACK AND YARD REQUIREMENTS" of this Chapter. The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. .1002 Screening Abutting Residential Property. Where the property abuts a residential zone, this buffer 26 I shall consist of a minimum six (6) foot high, and maximum eight (8) foot high masonry wall, located at the property line, except in the Future Expansion District where it can be twelve (12) feet high, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides if visible from public right-of-way. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .1003 Screening Abutting Freeway. Where the property abuts a freeway, except as provided for in Section 18.78.060.050 entitled "SETBACKS -LOTS ABUTTING PUBLIC RIGHTS-OF-WAY" of this Chapter, a ten (10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be permanently planted, irrigated and maintained. When a wall is provided at the property line, the wall shall be designed or situated so as not to obstruct the view of the landscaping from the freeway. Such walls shall be decorative and landscaped in compliance with the Design Plan. .1004 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. .1005 Screening of Surface Parking Areas. Where surface parking is visible from an adjacent public street, such parking areas shall be screened with landscaping. Said landscaping area shall consist of: (a) shrubs or bushes which can attain a minimum height of thirty-six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or (c) decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' 27 .1006 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .1007 Utility Equipment. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. When encroaching into a required yard or setback, other than adjacent to a public street where no such device shall be allowed, decorative walls for the purpose of screening such utility equipment and communication devices shall not exceed thirty-six (36) inches in height and shall not be within the required front yard setback. .1008 Roof Mounted Equipment. Roof mounted equipment shall be painted the same color as the roof, shall be screened from view of adjacent public rights-of-way and from adjacent properties at ground level, and shall be considered as part of the total building height except as provided for in Section 18.78.080 entitled "LAND USE AND SITE DEVELOPMENT STANDARDS—PARKING DISTRICT (DEVELOPMENT AREAS 3a AND 3b)" of this Chapter. .1009 Refuse Container Enclosures. Refuse container enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Design Plan 28 I and in compliance with the Maintenance standard entitled 'Refuse Container Enclosure for Multiple -Family Residential, Commercial and Industrial Use' on file in the Building Division of the Planning Department. .1010 Vacant Land. Vacant land or future landscape areas which will remain vacant or unlandscaped for a period in excess of one (1) year shall comply with at least one of the following: (a) Screening of Vacant Land. Vacant land shall be screened from view from public rights-of-way with a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in Section 18.78.050.110 entitled °LANDSCAPING" of this Chapter, and shall conform to the Design Plan. (b) Landscaping of Vacant Land. Provide temporary landscaping or groundcover complete with temporary irrigation and keep adequately maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for any portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this Chapter. (c) Agriculture. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock may be retained without time limit within this Zone, and is not subject to the screening requirements contained herein. .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 29 I (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 under the provisions of the C-R Overlay shall not exceed eight (8) feet. .1012 Exceptions. Within any required street landscape setback area, excluding the first ten (10) feet where no wall shall be permitted, the height of any required wall and berm shall be reduced to not more than thirty-six (36) inches. Such walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. .110 Landscaping .1101 Compliance with Design Plan Required. Except as otherwise provided in this Chapter, all required setback areas shall be fully and permanently landscaped with lawn, trees and shrubs and may include walkways, plazas, fountains, and other similar materials (not including turf block, except where such turf block is used for required emergency access) in accordance with the Design Plan. A minimum of eighty percent (80%) of the required setback area excluding driveways perpendicular to the street, on all lots abutting public streets (other than Harbor Boulevard) shall contain live landscape materials. A minimum of fifty percent (50%) of the required setback area on all lots abutting Harbor Boulevard, excluding driveways perpendicular to the street, shall contain live landscape materials. .1102 Maintenance of Landscaping Required. All landscaped areas shall be permanently maintained in a neat, and orderly manner as a condition of use and in accordance with the Design Plan. .1103 Required Size of Plant Material. All required trees shall be of a size at the time of planting not less than the minimum size specified in the Design Plan. The tree density for the required front setback shall be as specified in the Design Plan. If not specified in the Design Plan, the trees shall be a minimum of fifteen (15) gallons. 30 I All required shrubs shall be of a size at time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the shrubs shall be, a minimum of five (5) gallons. .1104 Replacement of Damaged, Diseased, or Dead Plant Material. Any required plant material planted on-site which is subsequently damaged, removed, diseased and/or dead shall be replaced on-site in a timely manner with comparable plant material with a minimum size as recommended by the Design Plan. .1105 Coverage. Groundcover shall be planted and maintained where shrubbery and/or trees are not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials, subject to the approval of the Planning Department. .1106 Irrigation. All required landscape areas shall be provided and maintained with a permanent, automatic irrigation system in accordance with the Design Plan. Such system shall incorporate water conserving features. .1107 Special Intersection Landscape Treatment. In connection with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding twenty (20) percent of the gross floor area of said existing building, on any lot abutting any of the following intersections concurrent with the erection or modification of the building, landscaping, paving and lighting improvements shall be provided within that certain fifty (50) foot triangular intersection area in compliance with the criteria set forth in the Design Plan: (a) Harbor Boulevard and Katella Avenue. (b) Katella Avenue and West Street/Disneyland Drive. (c) Katella Avenue and Walnut Street. (d) West Street/Disneyland Drive and Ball Road. W1 .120 Exterior Lighting. Except as otherwise provided in this Chapter, all exterior lighting shall be in conformance with the Design Plan 18.78.060 LAND USE AND SITE DEVELOPMENT STANDARDS—THEME PARR DISTRICT (DEVELOPMENT AREA 1). This District is intended to accommodate Theme Park uses consisting primarily of ticket areas, dining, retail and entertainment facilities, support back -of -house service facilities (maintenance, accessory uses, and staging areas), and associated administration facilities as well as limited hotels and accessory uses as identified on Exhibit 3.3a entitled 'Development Area Summary' of the Specific Plan document and as set forth herein. .010 Theme Park -Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.78.050 entitled "LAND USE AND SITE DEVELOPMENT STANDARDS -GENERAL" of this Chapter and in accordance with the Design Plan, the following buildings, structures and uses shall be permitted in this District: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other landscaped open space areas, and rest areas and which may charge a fee for admission. The following facilities may be included within a Theme Park: (a) Amphitheaters, indoor and outdoor. (b) Amusement devices and/or arcades. (c) Auditoriums. (d) Dance floors. (e) Fireworks (location and time subject to approval of the Fire Department). (f) Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other similar lighting effects intended primarily for entertainment of The Disneyland Resort visitors and not as an advertising display. 32 (g) Retail shops. (h) Restaurants -enclosed, semi -enclosed, satellite, or walk-up. (i) Theaters -includes dinner, legitimate or motion picture theaters and performance theaters or clubs. (j) Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. (k) Outdoor stands and booths. .0102 Hotels. Up to a maximum of 1000 hotel rooms or guest suites and gaining vehicular access from West Street/Disneyland Drive subject to the limitations prescribed in Section 18.78.050.020 entitled "LIMITATION ON TOTAL NUMBER OF HOTEL GUEST ROOMS OR SUITES" of this Chapter. .0103 Retail Entertainment Centers. .0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" and Section 18.78.050.020 entitled "LIMITATION ON TOTAL NUMBER OF HOTEL GUEST ROOMS OR SUITES" of this Chapter. .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: 33 A (a) Administrative offices including temporary offices within existing hotel buildings during construction period only and subject to approval of the Traffic and Transportation Manager for parking layout and vehicular access. (b) Alcoholic beverages, on -premise consumption. (c) 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 guests and patrons of a Theme Park and/or for use in the Theme Park and must be located 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. (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 entitled "SIGN REGULATIONS" of this Chapter. (m) Staging areas. (n) Storage facilities provided they shall not be visible from a point six feet above ground an adjacent public right-of-way or any adjacent or surrounding property. 34 I (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 Traffic and Transportation Manager for parking layout and vehicular access. (b) Alcoholic beverage sales, off -premise 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 entitled "AMUSEMENT DEVICES" 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. (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 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 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 complex and limited strictly to the use of the guests and/or employees of such hotel complex. 35 I (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 "BATHS, SAUNA BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES" and Chapter 18.89 entitled "ADULT ENTERTAINMENT BUSINESS" 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: (1) Shall be constructed in compliance with the Design Plan; (2) Shall replace monument signs permitted in Section 18.78.130.0601 entitled "PERMITTED SIGNS" 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; (5) Shall not have more than two sign faces per hotel entry drive; and 36 i (6) Shall not create a continuous wall along the public right-of-way. (v) Travel services. .0203 Gateway Facilities. 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: (a) No more than one (1) changeable copy sign per street frontage; (b) Shall not be located within the required front setback; (c) Maximum height of seventy (70) feet; (d) Maximum sign copy area of thirteen hundred (1300) square feet with a maximum of five (500) square feet of changeable copy; and, (e) The changeable copy signs can be single or double sided. .030 Structural Height Limitations. .0301 Maximum Permitted Structural Height. Except as limited by the provisions of subsections .0302 and .0303, the maximum structural height shall be: (a) Within a theme park use: two hundred fifty (250) feet, except that one structural thematic element may have a height of three hundred (300) feet. (b) Within back -of -house areas: as determined by Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height.' .0302 Maximum Permitted Height at Required Setback. (a) Harbor Boulevard: Forty-five (45) feet. (b) Katella Avenue: Forty-five (45) feet. (c) West Street/Disneyland Drive: Forty-five (45) feet except twenty-one hundred (2,100) feet north of the centerline of Katella Avenue the maximum 37 height at the setback shall be determined by Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height ' .0303 Sky Exposure Plane. 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: (a) Katella Avenue. (b) West Street/Disneyland Drive, between Katella Avenue and twenty-one hundred (2,100) feet north of the centerline of Katella Avenue. (c) Harbor Boulevard. .040 Interior Structural Setback and Yard Requirements. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District, except as provided elsewhere in this Chapter. Such setbacks shall be measured from the interior property line. .0401 From interior lots wholly within the same District: zero (0) feet minimum. .0402 From interior lots in an adjacent District, but wholly within the Specific Plan area: zero (0) feet minimum. .0403 From adjacent lots wholly outside the Specific Plan area: ten (10) feet minimum. .0404 From adjacent interior lots developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter: ten (10) feet minimum. .050 Setbacks -Lots Abutting Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District, except as provided elsewhere in this Chapter. 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. 38 i .0501 Ball Road. (a) From a point five hundred (500) feet east of the centerline of West Street/Disneyland Drive to Interstate 5: an average of thirty (30) feet with a minimum of zero (0) feet, provided the length of the building with a zero (0) foot setback shall not exceed ten (10) feet, with landscaping consistent with Design Plan Cross Section number 24, provided an open decorative fence, such as wrought iron, may be located no closer than ten (10) feet from the ultimate public right-of-way. (b) From the centerline of Walnut Street to a point five hundred (500) feet east of the centerline of West Street/Disneyland Drive: twenty (20) feet minimum if the height of the structure is seventy-five (75) feet or less or thirty (30) feet minimum if the height of the structure is greater than seventy-five (75) feet, provided existing structures may remain as shown on Exhibit 3 of the Specific Plan document entitled 'Existing Structures to Remain,' and that a minimum of ten (10) feet of landscaping shall be consistent with Design Plan Cross Section number 23. .0502 Harbor Boulevard. (a) Within the C-R Overlay: Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section number 6. (b) Between the C-R Overlay and a point one thousand (1,000) feet north of the centerline of Freedman Way: Fifty (50) feet, minimum, with landscaping consistent with Design Plan Cross Section number 7a. (c) Between a point one thousand (1,000) feet north of the centerline of Freedman Way and a point sixteen hundred (1,600) feet north of the centerline of Freedman Way: thirty (30) feet, minimum provided existing structures may remain as shown on Exhibit 3 of the Specific Plan document entitled 'Existing Structures to Remain,' and that landscaping shall be consistent with Design Plan Cross Section number 8a. (d) Between a point sixteen hundred (1,600) feet north of the centerline of Freedman Way and a point five MI hundred (500) feet north of the centerline of Manchester Avenue: twelve (12) feet, minimum, with landscaping consistent with Design Plan Cross Section number 8b. .0503 Interstate 5 (Santa Ana Freeway). Ten (10) feet minimum provided that sculptural, architectural elements not attached to a building may have a zero (0) foot setback with landscaping consistent with Design Plan Cross Section number 18. .0504 Katella Avenue. (a) From the centerline of West Street/Disneyland Drive to a point eleven hundred (1,100) feet east of said centerline: fifteen (15) feet minimum, with landscaping consistent with Design Plan Cross Section numbers la and lb, and provided that the monorail and its structural supports shall also be permitted within the setback area. (b) From a point eleven hundred (1,100) feet east of the centerline of West Street/Disneyland Drive to the western right-of-way of Harbor Boulevard: nineteen (19) feet minimum, with landscaping consistent with Design Plan Cross Sections numbers 2a, 2b, and 2c. .0505 West Street/Disneyland Drive. (a) Between Katella Avenue and a point twenty-one (2,100) hundred feet north of the centerline of Katella Avenue: nineteen (19) feet minimum, with landscaping consistent with Design Plan Cross Section number 11. (b) Between a point twenty-one hundred (2,100) feet north of the centerline of Katella Avenue and a point four thousand (4,000) feet north of the centerline of Katella Avenue: nineteen (19) feet minimum, provided existing walls and buildings shown on Exhibit 3 of the Specific Plan document entitled 'Existing Structures to Remain,' may remain, and that landscaping shall be consistent with Design Plan Cross Section number 12. (c) Between the centerline of Ball Road and a point four thousand (4,000) feet north of the centerline of Katella Avenue: twenty (20) feet provided existing structures may remain as shown on Exhibit 40 I 3 of the Specific Plan document entitled 'Existing Structures to Remain,' and that landscaping shall be consistent with Design Plan Cross Sections numbers 14a and 14b. .0506 West Place. Ten (10) feet minimum, if the height of the structure is thirty-five (35) feet or less or twenty (20) feet minimum, if the height of the structure is greater than thirty-five (35) feet with landscaping consistent with Design Plan Cross Section number 28a. .060 Enhanced Structural Elevations for Theme Attraction Buildings. Elevations of buildings intended to enclose theme attractions and which are visible from a point six (6) feet above ground level, from adjacent public streets, adjacent parcels outside this District or adjacent parcels developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter, shall have enhanced architectural elevation treatments. Such treatments may include, but are not limited to: .0601 painted building surfaces; .0602 applied building materials; and, .0603 other types of applications which are generally intended to: (a) create the illusion that uses within the building are other than those actually contained therein, or (b) reduce the apparent visual scale of such buildings. Theme attractions not intended to be enclosed are not subject to the provisions of this Section. 18.78.070 LAND USE AND SITE DEVELOPMENT STANDARDS HOTEL DISTRICT (DEVELOPMENT AREA 2). This District is intended for hotel/motels, accessory retail and recreational use, and open space uses as identified on Exhibit 3.3a entitled 'Development Area Summary' of the Specific Plan document and as set forth herein. 41 .010 Permitted Primary Uses and Structures. .0101 Hotels. .0102 Retail Entertainment Centers. .0103 Transportation Facilities. .0104 Vacation Ownership Resorts in compliance with Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" and Section 18.78.050.020 entitled "LIMITATION ON TOTAL NUMBER OF HOTEL GUEST ROOMS OR SUITES" of this Chapter. .020 Permitted Accessory Support Uses. .0201 Hotel Accessory Support Services as described in subsection 18.78.060.0202 entitled °HOTEL ACCESSORY SUPPORT USES" of this Chapter except that the following additional uses set forth in (a) through (c) below may be considered accessory support uses and the use set forth in (d) shall be subject to the approval of a conditional use permit: (a) Automobile Rental Agency provided the storage and/or display of rental vehicles is within a parking structure and vehicles are screened from view and are not located within required hotel complex parking spaces. (b) Miniature golf. (c) Theaters including dinner, legitimate or motion picture theaters, performance theaters or clubs and indoor amphitheaters. (d) Child day care services. .0202 Murals, provided if visible from the public right-of-way a conditional use permit is required. .0203 Restaurants. enclosed, semi -enclosed, satellite, or walk-up. .030 Structural Height and Area Limitations. .0301 Maximum Permitted Structural Height. With the exception of the provisions in Subsection .0302 below, the building heights illustrated in Exhibit 1 of the Specific Plan document entitled 'Maximum 42 a Permitted Structural Height,' shall apply to permanent buildings and structures constructed within this District. .0302 Maximum Permitted Structural Height at Required Setback: (a) Katella Avenue: Forty-five (45) feet. (b) West Street/Disneyland Drive: Forty-five (45) feet. (c) Walnut Street: Forty (40) feet. .0303 Sky Exposure Plane. 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" in this Chapter and in Section 3.0, 'Land Use Plan' of the Specific Plan document: (a) Katella Avenue. (b) West Street/Disneyland Drive. (c) Walnut Street. .040 Interior Structural Setback and Yard Requirements. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District except as provided elsewhere in this Chapter. Such setbacks shall be measured from the property line. .0401 From interior lots wholly within the same District: zero (0) feet minimum, provided the minimum distance between structures shall be ten (10) feet. .0402 From interior lots in an adjacent District, but wholly within the Specific Plan area: zero (0) feet minimum, provided the minimum distance between structures shall be ten (10) feet. .0403 From adjacent interior lots wholly outside the Specific Plan area: ten (10) feet minimum. 43 A .0404 From adjacent interior lots developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter: ten (10) feet minimum. .050 Setbacks from Abutting Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District, except as provided elsewhere in this Chapter. 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. .0501 Cerritos Avenue. Cerritos Avenue south side of street: Ten (10) feet minimum if the height of the structure is thirty-five feet or less or twenty (20) feet minimum if the height of the structure is greater than thirty-five (35) feet with landscaping consistent with Design Plan Cross Section number 26. .0502 Katella Avenue. Nineteen (19) feet minimum, with landscaping consistent with Design Plan Cross Section number 13. .0503 Walnut Street. (a) Between Katella Avenue and a point fourteen hundred (1,400) feet north of the centerline: thirty (30) feet minimum, with landscaping consistent with Design Plan Cross Section number 20. (b) Between a point fourteen hundred (1,400) feet north of the centerline of Katella Avenue: thirty (30) feet minimum, provided existing structures may remain as shown on Exhibit 3 of the Specific Plan document entitled 'Existing Structures to Remain', and that landscaping shall be consistent with Design Plan Cross Section number 19. .0504 West Street/Disneyland Drive. Nineteen (19) feet minimum, with landscaping consistent with Design Plan Cross Section number 10. 44 .060 Limitation on Access from Walnut Street. No vehicular access from Walnut Street is permitted except for the existing emergency and service vehicle access for the Disneyland Hotel as shown on Exhibit 5.8.3b entitled 'Hotel District Concept Plan' of the Design Plan. .070 Minimum Landscape and Open Space. The minimum landscape and recreation area for the Hotel District shall be fifteen (15) percent of the total area of the parcel. Such minimum landscaped open space may include: landscape areas with plantings of trees, shrubs and groundcover; water features including, but not limited to, swimming pools, spas, ponds, lakes, and fountains; pedestrian walkways and patios; landscaped areas within parking facilities; areas intended for emergency access paved with turf block. Paved areas intended primarily for vehicular traffic including, but not limited to, temporary and/or permanent parking facilities; driveways, and porte-cocheres shall not be considered as landscaped open space for the purposes of this requirement. 18.78.080 LAND USE AND SITE DEVELOPMENT STANDARDS—PARKING DISTRICT (DEVELOPMENT AREAS 3a AND 3b). This District is intended to accommodate parking facilities and/or surface parking lots as identified on Exhibit 3.3a entitled 'Development Area Summary' of the Specific Plan document and as set forth herein. .010 Permitted Primary Uses and Structures. .0101 Parking Facilities. .0102 Transportation Facilities. .020 Permitted Accessory Uses and Structures. .0201 Parking facilities developed adjacent to Harbor Boulevard public right-of-way as shown as Option 1 in Exhibit 3.3.3b entitled 'East Parking Area Options' of the Specific Plan document, may have the following pedestrian oriented commercial uses provided that additional parking shall be provided for each use in accordance with Section 18.06.050 entitled "VEHICLE PARKING AND LOADING REQUIREMENTS" of the Anaheim Municipal Code, the commercial uses shall only face Harbor Boulevard and have a maximum depth of seventy-five (75) feet, and shall have service entrances to the rear of the use: 45 (a) Banking facilities, including automated teller machines. (b) Book stores, including newspaper and periodical sales. (c) Clothing stores. (d) Drugstores. (e) Floral shops. (f) Photo supply shops. (g) Restaurants, including outdoor eating, provided a Conditional Use Permit shall be obtained for on -premise consumption of alcohol. (h) Souvenir, gift, and/or novelty shops. (i) Tobacco shops. (j) Travel agencies. .030 Structural Height and Area Limitations. .0301 Maximum Permitted Structural Height. The maximum height of a parking facility in this District is limited to sixty-five (65) feet in the West Parking Area and seventy-five (75) feet in the East Parking Area, except that appurtenances to a structure may exceed these maximums, providing they do not exceed by more than twenty (20) feet the maximum heights provided herein or the provisions of Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height.' .0302 Maximum Permitted Height at Required Setback: (a) Walnut Street: Forty (40) feet. (b) Cerritos Avenue: Sixty-five (65) feet. (c) Katella Avenue: Forty-five (45) feet. (d) Clementine Street/Manchester Avenue: Seventy-five (75) feet. (e) Freedman Way: Seventy-five (75) feet. 46 (f) Harbor Boulevard: Forty-five (45) feet. .0303 Sky Exposure Plane. 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) Katella Avenue. (b) Harbor Boulevard. (c) Walnut Street. .040 Structural Setback and Yard Requirements. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District except as provided elsewhere in the Chapter. Such setbacks shall be measured from the interior property line. .0401 From interior lots wholly within the same District: zero (0) feet minimum provided the minimum distance between structures shall be ten (10) feet. .0402 From interior lots in an adjacent District, but wholly within the Specific Plan area: zero (0) feet minimum provided the minimum distance between structures shall be ten (10) feet. .0403 From adjacent interior lots wholly outside the Specific Plan area: ten (10) feet minimum. .0404 From adjacent lots developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter: ten (10) feet minimum. .050 Setbacks -From Abutting Public Rights-of-way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District, except as provided elsewhere in this Chapter. 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. 47 a .0501 Cerritos Avenue. Twenty (20) feet with landscaping consistent with Design Plan Cross Section number 25. .0502 Clementine Street. Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section number 27. .0503 Freedman Way. (a) North side of the street: (1) From the centerline of Harbor Boulevard to a point six hundred (600) feet east: Fifty (50) feet minimum, with landscaping consistent with Design Plan Cross Section number 16. (2) From Clementine Street to a point seven hundred (700) feet west of the centerline of Clementine Street: Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section number 15. (3) Provided that the following exceptions may have a zero (0) foot setback; [a] Pedestrian bridge and/or automobile bridge as shown on Design Plan Cross Section number 15. [b] Raised pedestrian bridge as shown on Design Plan Cross Section number 16. [c] People mover/moving sidewalk. (b) South side of street: Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section number 17. .0504 Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with Design Plan Cross Section number 4. .0505 Walnut Street. Thirty (30) feet minimum, with landscaping consistent with Design Plan Cross Section number 21. .060 Limitations of Access from Public Rights-of-way. No vehicular access from Walnut Street is permitted. 48 .070 Parking District Requirements. Parking spaces provided within this District shall be used to fulfill the parking requirements of the theme park uses within the Theme Park District. .0701 Use of Parking Spaces. Parking spaces within this District may be used by theme park guests and employees and the general public during days and hours not less than the hours of operation of theme parks in the Theme Park District. .0702 Total Number of Spaces. The total number of vehicle parking spaces provided within the District shall not exceed 34,300 spaces. .0703 Type of Parking Facilities Provided. Parking spaces may be provided within parking facilities or on surface parking lots. Such surface parking lots may be either temporary or permanent and are subject to the review and approval of the Traffic and Transportation Manager. .0704 Landscaping of Surface Parking Lots. Surface parking lots used for speed parking, as defined in Section 18.78.030 entitled "DEFINITIONS" of this Chapter, within this District or intended to serve theme park employees shall be exempt from the surface parking lot landscape requirements described herein, except that any such lot shall be surrounded at the perimeter by a continuous, evergreen landscape screen consisting of shrubs, trees and ground cover which can achieve a height of forty-two (42) inches in five (5) years, and is intended to prevent views into the surface parking lots from surrounding adjacent public rights-of-way. 18.78.090 LAND USE AND SITE DEVELOPMENT STANDARDS—FUTURE EXPANSION DISTRICT (DEVELOPMENT AREA 4). This District is intended to accommodate future expansion of The Disneyland Resort with an additional theme park and support uses as identified on Exhibit 3.3a entitled `Development Area Summary' of the Specific Plan document or as set forth herein. .010 Permitted Primary Uses and Structures. .0101 Parking Facilities. .0102 Theme parks as described in Section 18.78.060.010 49 i entitled "THEME PARK -PERMITTED PRIMARY USES AND STRUCTURES" of this Chapter, except for the limitations provided herein. .020 Permitted Accessory Uses and Structures. .0201 Hotels/Motels up to a maximum density of seventy-five (75) guest rooms per acre. .0202 Hotel/Motel Accessory Support Uses. Accessory uses as described in Section 18.78.060.0202 entitled "HOTEL ACCESSORY SUPPORT USES" of this Chapter. .0203 Theme Park Accessory Support Facilities as described in Section 18.78.060.0201 entitled "THEME PARK ACCESSORY FACILITIES" of this Chapter. .030 Conditional Uses and Structures. .0301 Animal Storage Facilities. .0302 Vacation Ownership Resorts subject to compliance with the requirements of Section 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of this Chapter. .0303 Retail entertainment centers. .0304 Child day care facilities. .040 Structural Height and Area Limitations. .0401 Maximum Permitted Structural Height. The maximum building height permitted in this District shall be as shown in Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height.' .0402 Maximum Permitted Height at Required Setback: (a) Katella Avenue: Forty-five (45) feet. (b) Adjacent to a Residential Zone: Fifty (50) feet. .0403 Sky Exposure Plane 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 50 i 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) Katella Avenue. .0404 Sky Exposure Plane Adjacent to Residential Zone. The maximum height of structures at the required setback adjacent to a residential zone shall not exceed one (1) foot of height for each two (2) feet of setback from the adjacent residential zone up to the maximum height permitted in the District. .050 Structural Setback and Yard Requirements. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District except as provided elsewhere in the Chapter. Such setbacks shall be measured from the interior property line. .0501 From interior lots wholly within the same District: zero (0) feet minimum provided the minimum distance between structures shall be ten (10) feet. .0502 From adjacent commercial interior lots wholly outside the Specific Plan area: ten (10) feet minimum. .0503 From adjacent multiple -family residential zone: minimum fifty (50) foot wide structural setback, with not less than twenty (20) feet of landscaping adjacent to the property line, consistent with Design Plan Cross Section number 29. .0504 From adjacent lots developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter: ten (10) feet minimum. .060 Setbacks -Lots Abutting Ultimate Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District, except as provided elsewhere in this Chapter. 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. 51 A .0601 Haster Street. Twenty (20) feet minimum, if the height of the structure is seventy-five (75) feet or less or thirty (30) feet minimum, if the height of the structure is greater than seventy-five (75) feet, with landscaping consistent with Design Plan Cross Section number 22, provided an open decorative fence, such as wrought iron, may be located no closer than ten (10) feet from the ultimate public right-of-way. .0602 Katella Avenue. Eleven (11) feet with landscaping consistent with Design Plan Cross Section number 5. .070 Enhanced Building Elevations for Theme Attraction Buildings. The following regulation is intended to apply to this District only if it is developed with theme park uses. Elevations of buildings intended to enclose theme attractions and which are visible from a point within six (6) feet above ground level from adjacent public streets, parcels outside this District or adjacent parcels developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter, shall have enhanced architectural elevation treatments. Such treatments may include, but are not limited to: .0701 painted building surfaces; .0702 applied building materials; and, .0703 other types of applications which are generally intended to: (a) create the illusion that uses within the building are other than those actually contained therein; or, (b) to reduce the apparent visual scale of such buildings. Theme attractions not intended to be enclosed are not subject to the provisions of this Section. 18.78.100 C-R OVERLAY .010 Purpose. The C-R Overlay has been established to permit the uses set forth in Chapter 18.48 entitled "'C-R' COMMERCIAL RECREATION ZONE" of the Anaheim Municipal Code, if the properties are not developed as part of The Disneyland Resort Specific Plan. 52 a .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 18.78.100.60 entitled aC-R OVERLAY 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 the 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 the 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 C-R Overlay Density. The maximum number of hotels/motels permitted within the C-R Overlay shall be: .0601 For parcels designated Low Density on Exhibit 3.3.5b entitled 'C-R Overlay' of the Specific Plan document, up to fifty (50) hotel/motel rooms per gross acre or seventy-five (75) hotel/motel rooms on an parcel existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance, whichever is greater. .0602 For parcels designated Medium Density on Exhibit 3.3.5b entitled 'C-R Overlay' of the Specific Plan document, up to seventy-five (75) hotel/motel per gross acre or seventy-five (75) rooms on an parcel existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance, whichever is greater. .0603 For parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. 53 i .070 Maximum Permitted Heights. The maximum permitted height of structures shall be as indicated on Exhibit 1 of the Specific Plan document entitled 'Maximum Permitted Structural Height.' .080 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. The following minimum setback requirements apply to structures developed under the provisions of Section 18.78.100 entitled "C-R OVERLAY" of this Chapter, except as provided elsewhere in this Chapter: ten (10) feet minimum. .090 Setbacks from Abutting Public Rights -of -Way. The minimum setback requirements for structures developed under the provisions of this Section shall be as described for the base District the structure is located in with the following exceptions: .0901 Clementine Street. Twenty (20) feet minimum, if the height of the structure is seventy-five feet or less in height or thirty (30) feet minimum, if the height of the structure is greater than seventy-five (75) feet. .0902 Freedman Way. Twenty (20) feet minimum, if the height of the structure is seventy-five feet or less in height or thirty (30) feet minimum, if the height of the structure is greater than seventy-five (75) feet. .0903 Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with Design Plan cross section numbers 3a and 3b. 18.78.110 OFF-STREET PARKING AND LOADING REQUIREMENTS. With the exception of parking areas within the Parking District, for employees of the Theme Park District, and other parking lots intended for speed parking procedures as defined in Section 18.78.030 entitled "DEFINITIONS" of this Chapter, all vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.06 entitled "VEHICLE PARKING AND LOADING REQUIREMENTS" of the Anaheim Municipal Code, except as provided herein. 54 .010 Minimum Parking Requirements. .0101 Parking Requirements for Theme Parks and Associated Uses. (a) Parking shall be provided at the rate of one (1.0) space for each one thousand (1000) persons of estimated annual attendance with a minimum of twenty-four thousand five hundred (24,500) parking spaces provided for both employees and guests for both the Disneyland and WESTCOT theme parks. (b) Required parking spaces may be provided either within the Parking District or other Districts contained within this Zone. .0102 Parking Requirements for Hotels and Associated Uses in the Theme Park and Hotel Districts. The following minimum number of parking spaces shall be provided: Four fifths (0.8) of a space for each guest room. One tenth (0.1) of a space per seat of eating/drinking capacity plus six and seven -tenths (6.7) spaces for each 1,000 square feet of banquet/meeting room areas, plus the following employee spaces: one-quarter space (.25) for each employee working in guest room areas; two (2.0) spaces per 100 seats of eating/drinking capacity; one (1.0) space per each 1,000 gross square feet of retail space. .0103 Minimum Parking Requirements for Administrative Office Facilities. Administrative Office Facilities within the Theme Park District contained within a building of more than fifty thousand (50,000) gross square feet shall provide parking spaces within the Theme Park District adjacent to such administrative facilities. The required parking may be located within a parking facility or in surface parking lots and shall be provided at the following rates: (a) Buildings three (3) stories or less: Four (4.0) spaces for each one thousand (1,000) gross square feet. (b) Buildings greater than three (3) stories: Three (3.0) spaces for each one thousand (1,000) gross square feet. 55 a .0104 C-R Overlay Parking Requirements. The minimum number, type and design of off-street parking spaces for uses developed 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 this Code. .020 Location of Required Parking Spaces. All parking areas shall comply with the provisions of Section 18.06.010.020 entitled "(LOCATION OF REQUIRED PARKING SPACES) NONRESIDENTIAL USES" of this Code and Section 18.78.050.090 entitled "PERMITTED ENCROACHMENTS INTO REQUIRED YARD AND SETBACK AREAS" of this Chapter, with the following exceptions: .0201 Parking spaces constructed to serve uses within the Theme Park District shall be exempt from the provisions of this requirement. .0202 Parking spaces required for the Hotel District may be located in another District, subject to the approval of the City Traffic and Transportation Manager. .030 Layout and Design. .0301 Layout and Design of Surface Parking Areas. All surface parking areas and vehicle accessways shall comply with the requirements of Section 18.06.020 entitled "LAYOUT AND DESIGN OF PARKING AREAS" of this Code, with the exception of parking spaces constructed within the Parking District and for employees of the Theme Park District, which shall be exempt from the provisions of this requirement provided they conform to the Exhibit 5.7.8.2(f) entitled 'Employee Parking Layout' and the provisions of the Design Plan. .0302 Parking Structure Design. All Parking Structures in the Parking District and for employees of the Theme Park District shall conform to the Exhibit 5.7.8.2(d) entitled 'Public Parking Facility Layout,' the provisions of the Design Plan and the following requirements: (a) A visual barrier shall be provided along the edges of each level of the parking structure to conceal complete views of parked vehicles. 56 I (b) Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach' shall not apply to the parking facility. .040 Hotel/Motel/Vacation Ownership Passenger Drop-off Areas. All hotel/motels and vacation ownership resorts shall have a passenger drop-off area located on-site. Passenger drop-off areas (which may include a covered area or porte-cochere) shall be for the purpose of dropping off and picking up passengers and luggage, accommodating valet parking, pedestrian access and safety, and fire access while providing free flow of vehicles. Such areas shall not encroach into the required front yard setback, except as provided in Section 18.78.090 entitled "PERMITTED ENCROACHMENTS INTO REQUIRED YARD AND SETBACK AREAS" of this Chapter. .050 Parking Lot Plan Review. Parking lot plans, including parking facilities, shall be subject to review and approval by the Planning Department and the City Traffic and Transportation Manager during Final Site Plan Review and shall, at a minimum, incorporate all applicable Engineering Standards and shall contain the following information: .0501 Dimensions for internal spacing, circulation and landscaped areas; .0502 Curbing, stall markings, signing and other traffic control devices; .0503 Location and height of lighting fixtures; .0504 Location, dimensions and accessibility of trash containers for refuse trucks; .0505 Location of fire hydrants and fire accessways; .0506 Location and height of perimeter walls; .0507 Tour bus and/or shuttle parking and loading; .0508 Grade elevations and ramps associated with driving and parking facilities; .0509 General location of utility devices and other related above -ground features; and, .0510 Exhibit and/or delivery truck parking/loading areas and bicycle racks. 57 A .060 Paving. All permanent and temporary off-street parking facilities, including access aisles and driveways, shall be permanently paved (not to include turf block). Such surfacing, as well as striping, signing, and directional markings, shall be maintained in good condition at all times. .070 Temporary Parking. Temporary parking facilities shall be paved and screened with landscaping, and shall be subject to the review and approval of the City Traffic and Transportation Manager. Such facilities may be permitted for a period of one (1) year, but may be renewed for up to a total of five (5) years in one (1) year increments subject to the review and approval of the City Traffic and Transportation Manager. .080 Parking Markings and separations. With the exception of parking spaces and facilities located in the Parking District and for employees of the Theme Park District, all parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with the Engineering Standard Detail No. 602 entitled 'Minimum Off -Street Parking Dimensions,' and Engineering Standard Detail No. 604 entitled 'Parking Structure Design.' Parking shall be separated from buildings, sidewalks and plazas by landscaped areas having a minimum width of five (5) feet. Parking shall be separated from any abutting property line, by a minimum six (6) inch curb, and shall be screened from view of public rights-of-way and adjacent properties. .090 Driveway Abandonment. When use of a driveway to a public street is abandoned or otherwise discontinued, the owner, upon receipt of notice from the Engineering Department, shall remove all driveway pavement, curb and gutter; and shall replace the curb, gutter and sidewalk, and landscape the area to match the adjacent landscaped areas. .100 Required Improvement of Parking Areas. Surface parking areas in the Hotel District and within the C-R Overlay shall be improved in compliance with Section 18.06.030 entitled "REQUIRED IMPROVEMENT OF PARKING AREAS" of this 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. .1001 Minimum Number of Trees. Surface parking areas shall be landscaped and maintained with a minimum of one (1) twenty-four (24) inch box tree per each five (5) parking spaces. 613 .1002 Size of Planters. There shall be an average of forty-eight (48) square feet of planter area provided for each tree required in the above Subsection with a minimum dimension of five (5) feet. .1003 Minimum Width of Perimeter Landscaping. Parking facilities shall have a landscaped area with a minimum width of ten (10) feet provided along the peripheral edges of the parking facilities. Such areas shall be landscaped and maintained with a combination of shrubs, ground cover and trees. Adjacent to parking facilities, trees shall be provided and maintained consisting of at least one (1) twenty four (24) inch box tree for each ten (10) linear feet of parking facility perimeter. Such trees may be either grouped informally or formally. .1004 Exceptions. Parking Facilities in any District intended primarily for employees of the theme parks and hotels, or for use by theme park visitors, shall be exempt from the provisions of subsections .1001 and .1002 above. .110 Conformance with the Design Plan. Tree, shrub and ground cover selection and planting design shall conform with the Design Plan. .120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District and C-R Overlay only shall comply with the requirements of Section 18.06.040 entitled "PARKING SPACE AND ACCESS DESIGN" of this 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: .1201 Maximum Curb openings per Street Frontage. A maximum of twenty-five percent (25%) of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty-five (25) feet, in which case there shall be a maximum of one (1) twenty-five (25) foot wide curb opening. The maximum number of curb openings per street frontage shall not exceed the following standards: (a) Parcel frontage 300 feet or less: One (1). r (b) Parcel frontage 301 to 600 feet: Two (2). (c) Parcel frontage greater than 600 feet: Four (4). (d) One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels subject to the approval of the Traffic and Transportation Manager. (e) Access required and limited to emergency vehicles or access to utility easements shall not be considered as curb openings as provided in this Section. .1202 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty-five (25) feet wide, and a maximum of thirty-five (35) feet wide, in accordance with the Design Plan. .1204 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with the Design Plan. .1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry drive. .130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.06.060 entitled 'Truck Loading Requirements' of this Code and Engineering Standard Detail No. 605 entitled 'Truck Dock Standard.' A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel. .V a .140 Bus Parking Areas. Hotels/motels shall provide space for bus parking subject to the approval of the City Traffic and Transportation Manager and Planning Department. 18.78.120 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS .010 Purpose of Section. The City Council has determined that vacation ownership resorts constitute a commercial use similar to hotel/motel facilities. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the City's tourism -related facilities, special criteria are warranted for the development of vacation ownership resorts in addition to the requirements of the underlying zone. .020 Limits on Occupancy. Occupancy, or right of occupancy, of any vacation ownership resort unit (including different units within the same facility) in a vacation ownership resort facility by a person or entity shall be limited to no more than thirty (30) consecutive days nor more than a total of sixty (60) days during any consecutive twelve (12) month period. Units which do not meet such criteria shall be considered to be residential units and shall be prohibited. .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 the C-R Overlay subject to the requirements of Section 18.78.120.050 entitled "DEVELOPMENT STANDARDS" of this Chapter. .040 Related Uses. Vacation ownership resorts may include other uses, either as accessory uses to the vacation ownership resort use or as independent facilities, so long as the specific use is allowed by the relevant District or C-R Overlay designation. Such uses shall meet all City laws and requirements. .050 Development Standards. The development standards established in the relevant District or C-R Overlay designation shall be applicable to vacation ownership resorts and the conversion of existing facilities to vacation ownership resort use. For the C-R Overlay, additional requirements may be imposed as follows: .0501 Setback, height, landscaping, signage requirements and recreational amenities. Additional restrictions may be required to ensure that the 61 A facility is adequately buffered from surrounding uses. .0502 Parking. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. .0503 Required facilities. The Planning Commission and/or City Council may require the provision of facilities, amenities, or design features usually associated with hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, and the like) to ensure that the vacation ownership resort will adequately function in the same manner as a hotel/motel facility. .0504 Kitchen facilities suitable for visitors may be permitted by the conditional use permit permitting the vacation ownership resort. .060 Conversion to Vacation Ownership Uses. The following standards shall apply to conversions of existing facilities to vacation ownership resort uses. Any conversion of an existing facility to vacation ownership resort use shall be required to meet the same standards as new facilities. .0601 The conversion of any type of existing unit or facility to vacation ownership resort use shall be subject to the approval of a conditional use permit. Conversion shall be evaluated in terms of the physical suitability of the units or facilities for vacation ownership resort use. Items to be considered shall include the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; the age, condition, and general repair of any recreational facility; and conformance with appropriate building, safety and fire standards. The facility shall be upgraded to mitigate any identified deficiencies. Conversions shall also be evaluated to ensure that the conversion does not create or add to the shortage of the particular type of unit proposed to be converted in the City as a whole or in any particular area of the City. .0602 All facilities converted to vacation ownership resort use shall meet all applicable City M I requirements, including building, safety, and fire standards, as well as the other requirements of this Section. .0603 Conversions which would significantly reduce the overall number of conventional overnight accommodations in the City for visitors shall not be allowed. The effect of the conversion on existing conventional overnight accommodations shall be quantified by means of a survey. The survey shall include a representative sample of the existing unit supply in terms of location, price and type of unit. .070 Information Required for Applications. In addition to any information requirements established by other applicable sections of the Anaheim Municipal Code, the following information shall also be submitted as part of any application to develop or institute a vacation ownership resort: .0701 Typical floor plans for each vacation ownership resort unit type; .0702 The phasing of the construction of the vacation ownership resort use; .0703 The type of vacation ownership resort method to be used (fee simple, leasehold, tenancy -in -common, license, membership, and the like) and how such use may be created; .0704 The identification of vacation resort intervals and the number of intervals per unit; .0705 Identification of which units are in the vacation ownership resort program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; .0706 A description and identification of any accessory uses which are proposed in conjunction with the vacation ownership resort; .0707 A description of the availability of the vacation ownership resort project, including accessory uses, to the general public; .0708 The provisions made for management and maintenance of the project and indication of a contact person 63 I or party responsible for the day-to-day operation of the project; .0709 A description of the type and operation of any other uses (commercial and/or recreational) which are included in the facility; .0710 The formula, fraction or percentage, of the common expenses and any voting rights assigned to each vacation ownership resort unit and where applicable, to each unit within the project which unit is not subject to the vacation ownership resort program; .0711 Any restrictions on the use, occupancy, alteration, or alienation of vacation ownership resort units; .0712 A parking demand study prepared by an independent traffic engineer licensed by the State of California or such other study as approved by the City Traffic and Transportation Manager and provided to the City by the applicant at applicant's sole expense; .0713 A description of the method to be used consistent and in compliance with the provisions of Chapter 2.12 entitled °TRANSIENT OCCUPANCY TAX" of this Code, to collect and transmit the transient occupancy tax to the City; .0714 Any other information or documentation the applicant, City staff, or the Planning Commission deems reasonably necessary to the consideration of the project, including any required environmental or fiscal impact report documents; and, .0715 Applications for the conversion of any portion of an existing facility to a vacation ownership resort shall include the following information, as well as the other information required by this Section: (a) A property report describing in detail the condition and useful life of the roof, signs, foundations, and mechanical, electrical, plumbing, and structural elements prepared by a licensed engineer, an architect, or general engineering contractor; 64 (b) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and, (c) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building related codes as modified and adopted by the City. Approval shall be subject to receipt of such information and applicant's failure to submit such documentation may be grounds for disapproval. .080 Building Permits. Prior to issuance of a building permit, the legal property owner shall be required to provide the following: .0801 Copies of all relevant enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; and, .0802 Copies of all State Department of Real Estate applications and permits, including any public report issued. .090 Findings of Fact Necessary for Approval. In addition to the findings of fact otherwise required by any other provision of the Anaheim Municipal Code, approval of any conditional use permit for a vacation ownership resort shall require the following finding: that there are adequate visitor -serving facilities in the City and that the project will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities. .100 Vacation Ownership Resort Subject to Transient Occupancy Tax. Notwithstanding any other provision of the Anaheim Municipal Code, all vacation ownership resort units shall be subject to the payment of the transient occupancy tax as otherwise prescribed by Chapter 2.12 entitled "TRANSIENT OCCUPANCY TAX" of this Code. Units occupied as traditional hotel/motel rentals shall have the tax levied on the rent paid. Units occupied on a vacation ownership resort basis shall have the tax levied on the basis of the equivalent rental rate which would be charged for that particular unit if it were to be rented as a traditional hotel/motel rental unit. The owner and manager of the vacation ownership resort shall jointly and severally be 65 a responsible to provide sufficient data to the City to justify the equivalent rental rate used in calculating the transient occupancy tax. The manager of the facility (or if the facility has no manager, the owner of the facility) shall be deemed the 'operator' within the meaning of Chapter 2.12 entitled °TRANSIENT OCCUPANCY TAX" of this Code for purposes of collection and remittance of the tax. 18.78.130 SIGN REGULATIONS. The purpose of this Section is to recognize the function of signs in this zone, to provide for their inclusion under this Section of the Anaheim Municipal Code, and to regulate and control all matters relating to such signs, except the construction thereof. .010 Definitions Pertaining to Signs. For the purpose of this Chapter, the following abbreviations, terms, phrases and words shall be construed as specified below: .0101 Animated Sign. Any sign that uses movement or change of lighting to depict or simulate movement, action or to otherwise create a special effect or scene. .0102 Area of Sign. The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, logo, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area constituting the advertising message within the smallest polygon required to enclose all typographic/graphic elements, in compliance with the Design Plan. .0103 Balloon. Any air-filled or gas-filled balloon attached to a string, rope or similar ligature, and tethered to a fixed or moving place or object, including a motor vehicle. .0104 Banner. Any sign made of fabric, cloth, paper or other material that is fastened to a pole or building at one or more points. National flags, state or municipal flags, or the official flags of any institution shall not be considered banners. Pennants as defined herein shall be considered banners for purposes of this Chapter. a .0105 Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel as the light source; also, any light with one or more beams that rotate or move. .0106 Billboard or Off -Premise Sign. A sign of any kind or character upon which any poster, bill, printing, writing, painting, graphic or other display of any kind or nature whatsoever may be placed for advertising purposes and which structure is erected, maintained or used for the purpose of advertisement of goods produced, sold or available for sale, or services available or rendered, at locations other than the premises upon which the structure is located. The term 'billboard' or 'off -premise sign' shall not include: (a) Official notices issued by any court or public body or officer; (b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; (c) Directional, warning or information structures required or authorized by law or by Federal, State, County or City authority; (d) A structure which contains solely the name of the City and the names of, or any other information regarding, civic, fraternal or religious organizations located therein; (e) Guide signs, on -premise signs, business signs, and temporary real estate signs as defined in Section 18.78.130 entitled °SIGN REGULATIONS" of this Chapter. .0107 Business Information Sign. Any informational sign (not a project identification sign) on the project premises that relates to the principal business or use of the premises upon which the sign is erected. This sign type may include signs which direct attention to a business commodity, service, or other activity which is sold, offered, or conducted on the premises upon which the sign is located, or to which it is affixed. CMA I .0108 Can -Type Sign. A box -shaped sign which has copy on the outside of its surface and is internally illuminated. .0109 Canopy Sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign as defined herein is not a canopy sign. .0110 Changeable Copy Sign. A sign or portion thereof, including but not limited to electronic message boards, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the display surface of the sign. .0111 Company Symbol. A mark or logo that can either stand alone or be used with a company name to identify a company. .0112 Company Name. The full spelling of the name of the business. .0113 Cornice. Any prominent, continuous horizontally projecting feature extending from a wall or other construction. .0114 Display Surface. The surface of the sign structure available for the mounting of material, or the electronic message board, to carry an advertising message, trademark, emblem or logo. .0115 Emitting Sign. Any sign that releases smoke, steam, water, bubbles or other solids, liquids or gases as a device for advertising. .0116 Electronic Message Board. A changeable copy sign upon which the copy is displayed or changed by electronic means. .0117 Entrance/Exit Signs. Signs typically located at driveway entrances and displaying only 'enter' or 'exit' along with a small logo. .0118 Exposed Neon Signs. A sign where the neon or argon/mercury illuminated glass tubing is visible and not shielded from view by any material or sign structure. 68 a .0119 Flag. Any fabric attached to a flagpole and complying with Section 18.48.084.080 and 18.78.050.0909 entitled "FLAGPOLES" of the Anaheim Municipal Code, and containing distinctive colors, patterns, or symbols, and used as a symbol of a government or other entity. .0120 Flashing Sign. Any sign designed to operate under conditions of intermittent illumination which operates in a manner to create the illusion of being on and off. .0121 Freestanding Monument Sign. A sign which is permanently attached to the ground by means of a permanent base and which is independent from any building or other structure. .0122 Illegal Sign. Any sign or advertising display constructed or erected without first complying with all applicable ordinances and regulations in effect at the time of its construction, erection or use. .0123 Informational, Regulatory and Directional Sign System (IRD Sign System). Any group of signs that are intentionally designed to be a unified family of signs through a consistent use of color, typography, graphics, design detailing and structural detailing. .0124 Lighter Box Sign. An illuminated sign that contains words, numbers or symbols, designed to be an integral part of the architecture of a service station, and intended to be placed above the fuel pumps of a service station for purposes of providing light for the working area and commercial identification. .0125 Location. A lot, site, premises, building, wall or any place whatsoever upon which a sign is erected, constructed or maintained. .0126 Magnetic Sign. A sign which is magnetically attached to a surface. .0127 Marquee (Changeable Copy) Sign. A sign which is characterized by changeable copy whether said sign is a wall sign or whether said sign projects from and is supported by a building. a .0128 Monument Sign. A large freestanding sign structure used primarily as an identity sign for a building or project. It is usually oriented for vehicular view along roadways. Monument signs are often used at entries to a building or project and may incorporate landscaping or other site elements such as a wall. Monument signs may have either a horizontal or vertical orientation and may require a foundation. .0129 Nameplate. Any lighted or unlighted sign mounted on or near an entry that identifies the name and occupation or profession of the occupant of the premises and shall be part of the IRD sign system for the property. .0130 Noncommercial Message Signs. Signs displaying political or social messages. .0131 Nonconforming Sign. Any sign that complied with all applicable ordinances and regulations in effect at the time it was erected, but which does not conform to one or more of the requirements of this Chapter. .0132 Off -Site Sign. Any sign not located on the same parcel to which such sign message pertains. .0133 on -Site Directional Guidance sign. Any sign located on-site and not visible from the public right-of-way, giving direction for on-site pedestrian or vehicular circulation. .0134 On -Site Directory sign. Any on-site sign exhibiting the names and locations of on-site uses and/or facilities, and intended to facilitate the movement of patrons or visitors throughout the site. .0135 on-site sign. Any sign located on the same parcel to which such sign message pertains. .0136 Outdoor Advertising. Advertising on any board, fence, sign device, structure or building, or the placing thereon of any poster, bill, printing, painting, device or any advertising matter of any kind whatsoever; and the pasting, posting, printing, painting, nailing or tacking or otherwise fastening of any handbill, card, banner, sign, poster, advertisement or notice of any kind 70 I upon any property or place. Said term shall not include any signs or notices posted or displayed by any public officer in the performance of a public duty or a private person in giving a legal notice. .0137 Parapet Wall Sign. See definition for Wall Sign. .0138 Pennant. Any plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, or other similar device usually in series, designed to move in the wind. .0139 Pole Sign. A sign which is affixed to one or more poles attached to the ground and which is constructed in a manner which does not fully obstruct the view of the area between the sign and the ground. .0140 Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A -frames or T -frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted upon vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day transportation operations of the business. .0141 Projecting Sign. A wall sign which projects from the face of a building. .0142 Pump Top Sign. Any sign atop a fuel dispensing pump, either affixed to or placed upon such pump. A lighter box sign is not a pump top sign. .0143 Raceways. A metal box containing wiring, transformers and housings for a sign. .0144 Real Estate Sign. Any sign and sign structure of a temporary nature relating to the sale, lease or other disposition of real property. .0145 Roof Sign. A sign erected, constructed or maintained upon the roof of any building. 71 .0146 Rotating or Revolving Sign. Any sign all or a portion of which moves, revolves or rotates in some manner. .0147 Reverse Pan Channel Letters with Neon Halo Illumination. Individual letters formed as a sign can structure where the front surface is opaque and the back is open. Neon tubing is molded to fit the form of the can structure. The light from the neon shines out the opening in the back of the letter and reflects off the surface of the building or structure where the letter is mounted. At night, this reflection appears to be a halo around the opaque letterform. .0148 Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. .0149 Sign Area. See definition for Area of Sign. .0150 sign Copy. Any characters, letters or type that constitutes the message of the sign exclusive of a company symbol or company name. .0151 Storefront. A wall of a business containing display windows and a public entry. .0152 Structure. The supports, uprights, bracing, guy rods, cables and framework of a sign or outdoor advertising display. .0153 Temporary sign. Any sign that is used only temporarily and is not permanently mounted or affixed to the ground or any structure. .0154 Typeface. The general form, structure style, or character common to all elements comprising an alphabet. .0155 wall sign. A sign which is affixed to an exterior wall of any building or which is affixed to any structure attached to the wall of any building. .0156 window Identification Sign. Any sign bearing only the name and/or logo and/or address of the business occupying the premises; and consisting of 72 J letters and/or numbers permanently affixed to the window, and made of gold leaf, paint, stencil, or other such material. .0157 Window Sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass of a building and which is visible from the exterior side of the window, excluding any window identification sign. .020 Signs -General. .0201 Application. Sign standards and regulations contained within this Section apply to all Districts and the C-R Overlay within the Specific Plan area with the exception of the area inside the theme parks, which shall be exempt from the provisions of this Section and other regulations contained within the Anaheim City Code governing signs on the basis that those signs are not visible from the exterior of the theme park. .0202 Administrative Provisions -Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Specific Plan area shall be regulated and controlled exclusively by the provisions of this Chapter except to the extent reference is expressly made in this Chapter to any other provision of the Anaheim Municipal Code. In the event of any conflict between the provisions of this Chapter and any other provisions of the Anaheim Municipal Code so referenced herein, the provisions of this Chapter shall govern and prevail. All signs and all applications shall therefore be exclusively administered by the Planning Director except those signs which may be sought in conjunction with a conditional use permit or a zone variance. .0203 Coordinated Sign Program. All signs on a property shall be designed as part of a coordinated architectural, informational, regulatory and directional sign system with a consistent design detailing, typeface and color system. All multi -tenant signs shall either use one consistent typeface for all tenants or use one color for all sign copy. The capital letter height of all tenant 73 I identification copy shall be the same on a single sign face. Multi -tenant wall signs shall either be all wall signs or all canopy signs except for as provided elsewhere in this Chapter for hotel/motel accessory uses. .0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in this Zone shall be contained within this Chapter; provided, however, the provisions of Chapter 4.02 entitled "SPECIAL EVENTS," Chapter 4.04 entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES -GENERAL," 4.08 entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES -NEAR FREEWAYS" and 4.09 entitled "ADVERTISING OF MOTEL AND HOTEL RENTAL RATES" of this Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this Chapter. .0205 variances From sign Requirements. No person shall install or maintain any sign in the Specific Plan area except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Section 18.03 entitled "ZONING PROCEDURES -AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of the Anaheim Municipal Code. .0206 signs Approved in Conjunction with Conditional Use Permits. Approval of any conditional use permit shall be deemed to constitute approval of any on-site signs which are otherwise permitted in the Specific Plan area unless, as part of the action approving the conditional use permit, more restrictive sign requirements are imposed. .0207 Legal Nonconforming signs -General. Any sign or other advertising structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this Chapter shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. 74 A (a) Legal Nonconforming Signs -Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this Chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this Chapter (hereinafter the 'abatement') either (1) within twelve (12) years from and after the date said sign first becomes nonconforming to the provisions of this Chapter, or (2) on or before December 31, 2005, whichever is later; provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one (1) year* s advance written notice from the Planning Director of the City requiring the removal or alteration of sign. Notwithstanding the foregoing: [a] Any advertising display which was lawfully erected, but whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety (90) days, shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. [b] Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty (30) days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a 75 I written order of abatement from the Planning Director of the City requiring such abatement. [c] Any advertising display, whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this Chapter in conjunction with said project. [d] Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign per said agreement. [e] Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Chapter 4.02 entitled °SPECIAL EVENTS" of this code or within such other time as expressly authorized by the City. [f] Any advertising display which is an immediate danger to public health or safety shall be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. [g] Any advertising display which in the opinion of the City Traffic and 76 I Transportation Manager constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this Chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. [h] Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. [i] Illegal Signs. Illegal signs as defined in Section 18.78.130.010 "DEFINITIONS PERTAINING TO SIGNS" of this Chapter shall be removed, altered or replaced so as to conform to the requirements of this Chapter within six (6) months following the effective date of this Chapter. .0208 Regulation of Special Types of Signs -General. Notwithstanding any other provisions of this Chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. .0209 Signs Required By Law. Nothing contained in this Chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law. .0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 entitled "PROHIBITION OF SIGNS 77 A IN THE PUBLIC RIGHT-OF-WAY" of this Code except signs and gateways as described in the Design Plan. .0211 Political Campaign Signs. Notwithstanding any other provision of this Chapter, political campaign signs shall be permitted on private property provided: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in Section 18.05.093.025 entitled "MINIMUM SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS" of this Code; (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 entitled "PROHIBITION OF SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code; and, (c) Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 'Building and Housing' of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. .030 Lighted Signs -General. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so erected or constructed or placed, nor shall any substance or material capable of reflecting light be so placed, as to result in directing such artificial light into any structure used exclusively for residential purposes. For the purpose of this provision, structures devoted to hotel and motel use are not to be construed as structures used exclusively for residential purposes. .0301 Indirect Lighting. No sign lighted by any type of indirect lighting shall have any such lighting which exceeds eight hundred (800) milliamps rated capacity nor shall any sign lighted by neon or similar materials have any such neon or similar material which exceeds three hundred (300) milliamps rated capacity. 78 I .0302 Intensity of Illumination. The approval of any illuminated sign shall not be final until thirty (30) days after installation, during which period the Planning Director may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the Planning Director. For purposes of this Section, illumination shall be considered excessively brilliant when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign, or when it shines directly onto any residential zone or residentially developed property. .0303 Lighter Box Sign. A lighter box sign: (a) shall be either single -faced or double-faced, (b) shall only be internally lighted, (c) advertising thereon shall be limited to the company name or logo only, and (d) said name or logo shall not exceed twenty (20) percent of the total area of each face of said sign. .040 Real Estate Signs. Notwithstanding any other provision of this Chapter, temporary real estate signs advertising property for sale. lease, rental or for inspection by the public shall be permitted subject to the following limitations: .0401 On -Site Real Estate Signs. A maximum of one (1) unlighted, single -faced or double-faced freestanding sign advertising property for sale, lease, rental, or other disposition of the property on which such sign is located shall be permitted on parcels of less than one-half (1/2) acre in area. On larger parcels, one such sign per each street or highway frontage of said parcel shall be permitted as provided herein. Any such sign(s) may also include the name, address, and phone number of the person, firm, entity or agent offering said premises for sale, lease, rental or other disposition. .0402 sign Size: Parcels less than Twenty -Two Thousand (22,000) Square Feet in Area. The maximum area of each sign shall not exceed ten (10) square feet 79 I per sign face, and the height thereof as installed shall not exceed four (4) feet. .0403 Sign Size: Parcels of Between Twenty -Two Thousand (22,000) and Forty -Three Thousand (43,000) Square Feet in Area. The maximum area of each sign shall not exceed twenty-four (24) square feet per sign face, and the height thereof as installed shall not exceed four (4) feet. .0404 Sign Size: Parcels Forty -Three Thousand (43,000) Square Feet or More in Area. The maximum area of each sign shall not exceed forty (40) square feet per sign face, and the height thereof as installed shall not exceed four (4) feet. .050 Future Establishment Signs. The future establishment of a business or other activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance with the following provisions: .0501 ownership of Property. The subject property upon which the sign is located must be owned in fee interest, or must be under lease for a minimum ten (10) year period (from the date of issuance of the sign permit), by, or for the purpose of, the future business or establishment referred to upon the copy of said sign. Proof of compliance with this sub -section shall be submitted to the Building Division of the Planning Department prior to issuance of a permit. .0502 Maximum Area Per Sign Face: Sixty (60) square feet. .0503 Maximum Height: Four (4) feet with a two (2) foot berm, for a maximum total height of six (6) feet. .0504 Maximum Number Permitted: One (1) single -faced or double-faced freestanding sign per each street or highway frontage. .0505 Location. All future establishment signs shall be located in the middle thirty (30) percent of the street frontage except for corner lot locations where said sign shall be set back in compliance with the Design Plan. .0506 Time Limit. For development in conformance with the Theme Park, Hotel, Parking and Future 80 i Expansion Districts, five (5) years from date of construction or erection, and for development in conformance with 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. .0507 Names and Dates Required on Signs. The name of the sign owner, property owner or sign builder along with a phone number, as well as the date the sign is erected, shall be securely placed on each sign. .0508 Sign Permit Fees and Deposits. For each and every on-site future establishment sign, there shall be paid to the Building Division of the Planning Department, a sign permit fee and cash deposit to guarantee removal of each sign. The amount of said fees and deposits shall be as specified by City Council Resolution. Further, all such signs shall be subject to the following conditions: (a) Return of Deposit. If said sign is removed within thirty (30) days following the expiration date, the removal deposit shall be refunded to the depositor in full. (b) Failure to Remove. If said sign is not removed prior to or upon the permit expiration date, the City or its agents may enter upon subject property and remove the sign, the cost of the removal to be deducted from the removal deposit, and the remainder of the removal deposit, if any, to be returned to the depositor. The person, firm or entity whose name appears on the sign (collectively 'person') shall be notified of the City's intent to remove the sign not less than fourteen (14) days prior to removal by the City. Following removal by the City, said person shall be notified of the removal and said sign shall be retained for a minimum of ten (10) days following the date of such notice after which said sign may be disposed of by the City. (c) Authority. Before a permit for such a sign is issued, the owners of record of the premises and the person proposing to erect the sign must furnish the Building Division written authority granting the City of Anaheim or any of its agents 81 I or employees irrevocable permission to enter upon the premises and irrevocably appointing the Chief Building Official as the agent of the owners with permission and authority to remove such sign pursuant to the provisions of the Section. .060 Business and Identification Signs. Business and identification signs shall comply with the Design plan, shall consist of permanent non -changeable copy except as provided for in Section 18.78.100.0602(a) entitled CHANGEABLE COPY SIGNS" of this Chapter, and shall comply with the following: .060 Permitted Signs. The following sign types are allowed in this Zone subject to the requirements of this Chapter. (a) Freestanding Monument Signs. Such signs shall be: (1) Monument signs except as provided elsewhere in this Chapter; (2) Limited to the name of the development and/or a maximum of three (3) company names and/or company symbols only; (3) Such signs shall use the standard monument sign base and conform to the appropriate sign shape as specified in Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' in Section 18.78.130.0604, entitled "SIGN STANDARDS MATRICES," of this Chapter; and (b) Informational, Regulatory and Directional (IRD) signs not visible from the Public Right -of -Way. Such signs shall: (1) Be located outside any required setback area; (2) Be designed to direct pedestrians and/or vehicular traffic while said traffic is on the parcel on which said signage is located; and, (3) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign 82 I copy, it shall occupy a maximum of twenty-five percent (25%) of the sign area. (c) Informational, Regulatory and Directional (IRD) Signs visible from the Public Right -of -Way. Such signs shall: (1) Have a maximum sign area of eight (8) square feet; and (2) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign copy, it shall occupy a maximum of twenty-five percent (25%) of the sign area. (d) Wall Signs. (1) Such signs, other than projecting signs, shall not encroach into any public right-of-way, and are subject to the provisions specified in Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this Chapter. (2) Said signs shall have only one (1) display surface; and, (3) Said signs shall be placed parallel to and in front of any exterior wall of the building. (e) Canopy Signs. Canopy Signs as defined in Section 18.78.130.010 entitled "DEFINITIONS PERTAINING TO SIGNS" of this Chapter are considered a wall sign and as such, all regulations pertaining to wall signs also pertain to canopy signs. Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of-way and the awnings shall be an integral part of the building design. Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this Chapter and to the following provisions: 83 I (1) Said signs must be oriented to the pedestrian; (2) Said signs shall not be internally illuminated; (3) Only fifteen percent (15%) of the entire surface of the awning may be utilized for the sign; and (4) Said sign may include the company name and/or company symbol only. (f) Window Identification Signs subject to in Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this Chapter. (g) Other signs as permitted elsewhere in this Chapter. .0602 Conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit pursuant to and in accordance with the applicable provisions of Chapter 18.03 entitled 'ZONING PROCEDURES -AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of this Code; this Section is not intended to conditionally allow signs prohibited by this Chapter or to change the standards contained herein, but is intended to provide a mechanism to address special circumstances. (a) Changeable copy signs (including electronic message boards) for a theater, entertainment facility, amusement park, or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area. In addition, the following provisions shall apply to such signs: (1) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty-five (25) feet whichever is lower except: 84 I [a] A theater or entertainment facility may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a Marquee sign. (2) Such signs shall not be visible from residential zoned or residentially developed properties; (3) The design of such signs shall be integrated with the architecture of the building; (4) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (the technology used for reader board changeable message signs); and, (b) Signs neither otherwise expressly permitted nor otherwise expressly prohibited in this Zone. (c) Signs for any use, building or structure requiring a conditional use permit. (d) Projecting signs as defined in Section 18.78.130.010 entitled "PROJECTING SIGN" in this Chapter. .0603 Prohibited Signs. The following types of signs shall be prohibited in this Zone: (a) A -frame or 'sandwich board' signs. (b) Animated signs. (c) Attachments or 'riders' to signs. (d) Beacon lights or beacon signs, when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. (e) Billboards. (f) Business information sign. (g) Can -type signs which incorporate translucent copy and translucent background, provided, however, that can -type signs with opaque background, 85 I allowing only the copy to be illuminated, shall be permitted. (h) Changeable copy signs (including electronic message boards), as defined (except as permitted under a conditional use permit for theaters, entertainment facilities, amusement parks or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area. (i) Emitting signs. (j) Exposed neon signs. (k) Flashing or traveling light signs. (1) Florescent colors on signs except for colors on company symbols. (m) Landscape Signs. An arrangement of any plant type (flowers, shrubs, etc.), which spells out words or resembles a symbol or a figure shall not be permitted. (n) Magnetic signs. (o) Off -premises or off-site directional signs. (p) On-site directional guidance and on-site directory signs which are not part of a coordinated architectural informational, directional and regulatory sign system. (q) Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Chapter 4.02 entitled "SPECIAL EVENTS" and Sections 18.05.074 entitled "FLAGS, BANNERS AND FIXED BALLOONS" of this Code. (r) Painted signs on exterior walls. (s) Parapet signs except as otherwise permitted for automotive service stations pursuant to Section 18.78.130.0702 entitled "PARAPET WALL SIGNS" of this Chapter. (t) Pennants except as otherwise permitted pursuant to Chapter 4.02 entitled "SPECIAL EVENTS" of the 86 a Anaheim Municipal Code and Section 18.05.074 entitled "FLAGS, BANNERS AND FIXED BALLOONS" of this Code. (u) Permanent 'come-on' signs (e.g. 'Sale Today', ' Stop' , ' Look' , 'Going out of Business', etc.) . (v) Pole signs. (w) Portable signs. (x) Product advertising signs (e.g., soft drinks, cigarettes, etc.). (y) Roof signs. (z) Rotating or revolving signs. (aa) Signs attached to trees or landscaping. (bb) Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. (cc) Statues utilized for advertising purposes. (dd) Temporary signs except as otherwise expressly permitted herein. (ee) Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. (ff) Vehicle entrance or exit signs which incorporate business name(s) or other advertising not in compliance with Section 18.78.130.061(c) entitled INFORMATION, REGULATORY AND DIRECTIONAL (IRD) SIGNS VISIBLE FROM THE PUBLIC RIGHT-OF-WAY" of this Chapter. (gg) Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicles on public or private property. (hh) Wall signs located below the third (3) floor level of a building and which signs are located on a property adjacent to and visible from residential properties. 87 (ii) Window signs, including neon signs and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification signs as defined in Section 18.78.130.0601(f) entitled "WINDOW IDENTIFICATION SIGN" of this Chapter.) .0604 Sign Standard Matrices. In addition to all other requirements contained in this Chapter, permitted signs shall comply with the provisions of Exhibit 7.Oa entitled 'General Sign Standards Matrix' and Exhibit 7.Ob entitled 'Hotel/Motel Sign Standards Matrix' as hereinafter set forth in this Chapter and the provisions of which are incorporated herein by this reference. .070 Automotive Service Station Signs. The following provisions shall apply to all automotive service stations located in this Zone. .0701 Freestanding Monument Sign. Information on this sign shall include only the company symbol or logo, company name, special services (such as car wash) and pricing information. In addition, the following provisions shall apply to such signs: (a) There shall be a maximum of one (1) double-faced freestanding monument sign per street frontage. The sign must be located at least seventy-five (75) feet from any intersection. If located upon a corner lot, said sign shall comply with the Design Plan. If said sign is not located upon a corner lot, said sign shall be located in the middle thirty (30) percent of the street frontage of said lot. (b) The height of said sign shall not exceed ten (10) feet, the width shall not exceed four (4) feet and the total sign display area shall not exceed forty (40) square feet. Additionally, this sign must be placed on the standard monument sign base as specified in Exhibit 7.Oa entitled 'General Sign Standards Matrix' in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this Chapter, for a maximum total height of ten (10) feet above the finished grade of the lot. 88 (c) Letter height of the company name shall be a maximum of twelve (12) inches. Company symbol or logo height shall be a maximum of eighteen (18) inches. (d) Pricing signs shall conform to the provisions of Division 5, Chapter 14, Article 12, Code Sections 13530-13540, of the Business and Professions Code of the State of California, or any successor provisions thereto. The height of any pricing numbers shall be a minimum of six (6) inches and a maximum of ten (10) inches provided the height is less than the height of the company name and shall be either manually or electronically changeable. All copy shall be contained in the sign area closest to the street as specified in Exhibit 7.Oa entitled 'General Sign Standards Matrix' in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this Chapter. (e) Said signs may be illuminated internally; however, the permanent background portion shall be opaque, with only the message portion being illuminated. They may also be illuminated by concealed ground -mounted spotlights. (f) These signs shall be constructed of materials in compliance with the Design Plan. .0702 Parapet Wall signs. In addition to freestanding monument signs, the company symbol and name may be applied to the building. The following additional provisions shall apply to said parapet wall signs: (a) Said signs shall consist of individually fabricated letters and/or company symbol or logo. (b) Lighted signs may be internally illuminated only. (c) All signs shall be attached to the building face without the use of visible supports or raceways. (d) Letter height shall be a maximum of eighteen (18) inches. Company symbol or logo height E]'] A shall be a maximum of twenty-four (24) inches. (e) Said signs shall be limited to one (1) exposure for each direction of traffic flow, up to a maximum of four (4) exposures. .0703 Pump Top and Pump Face Signs. No signs other than instructional or operational signs (e.g., 'Self Service,' 'Pay Cashier First') shall be permitted on the pump top or pump island canopy, unless they are part of an overall, designed corporate identity program for signage. .0704 Lighter Box Signs. Lighter box signs, as defined in Section 18.78.130.010 entitled "DEFINITIONS" of this Chapter, shall be permitted in service stations; provided that such signs have dimensions not exceeding two (2) feet in height and the span of the working area or thirteen (13) feet, whichever is less, and shall be limited to the company name or company symbol or logo. Lighter box signs shall conform to the provisions of Section 18.78.130 entitled "SIGN REGULATIONS" of this Chapter. Signs complying with this subsection shall not be considered freestanding monument signs. .080 Temporary signs, Flags, Banners, and Fixed Balloons. The provisions of Section 18.48.094 entitled "TEMPORARY SIGNS, FLAGS, BANNERS, AND FIXED BALLOONS" of the Anaheim Municipal Code shall apply to this Zone. 18.78.140 APPLICATION FEES. By resolution, the City Council may establish fees and the amounts thereof required to be paid to the City for design guideline or landscape plan review and for processing Site Plans, building permits and any other application for subsequent approvals to carry out the purposes of this Chapter or implement or amend Specific Plan No. 92-1. 18.78.150 DEVELOPMENT REVIEW AND PERMITS. .010 Development Review and Permits. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone, all building and site plans shall be subject to review by the Planning Department of the City for conformance with the Specific Plan and permits shall U I be secured from the Chief Building Official of the City of Anaheim in compliance with all provisions of Section 18.04.090 entitled "DEVELOPMENT REVIEW AND PERMITS -GENERAL" of this code; provided further, that where there are existing buildings and structures on a site for which more intensive development is proposed under the provisions of this zone, no building permit shall be issued until the Chief Building Official and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation. .020 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including that within the parkway area (the area within the ultimate street right-of-way as described on the Circulation Element of the General Plan as further described in Section 5.0, the Design Plan of the Specific Plan, shall be shown on a site plan, drawn to scale, and shall be subject to the review and approval of the Planning and Public Works/Engineering Departments prior to installation. Such plans shall be consistent with the Final Site Plan approved pursuant to Section 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL", and the provisions of the Design Plan. 18.78.160 DEDICATION AND IMPROVEMENTS. Dedication of street rights-of-way, public utility easements and other public works and improvements shall be required in connection with any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within this Zone as otherwise required pursuant to Section 18.04.080 entitled "DEDICATION AND IMPROVEMENTS -GENERAL" of this Code. 18.78.170 RECLASSIFICATION PROCEDURE - VIOLATION. Concurrent with or subsequent to introduction of an ordinance adding this Chapter to the Anaheim Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. 92-1 (SP No. 92-1) and this Chapter to the zoning designation SP No. 92-1. Such reclassification shall be subject to each of those certain conditions of approval of SP No. 92-1 as set forth in Resolution No. . Any violation of any of said conditions shall be deemed a violation of this Chapter as well as of the reclassification ordinance and shall be punishable as set forth in Section 1.01.370 of the Anaheim Municipal Code. 18.78.180 PENALTIES FOR VIOLATIONS. Any violation of the provisions of this Chapter shall be subject to penalties as prescribed in Section 18.04.110 entitled WH A "PENALTIES FOR VIOLATION OF REGULATIONS -GENERAL" of this Code. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. 18.78.190 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Boundaries of the Districts established by this title (other than those minor boundary adjustments processed in accordance with Section 18.78.040.020 entitled "FINAL SITE PLAN APPROVAL" of this Code), the classification of property uses therein, or other provisions of this title may be amended, exceptions made therefrom, or conditional uses permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 entitled "ZONING PROCEDURES, AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" and Chapter 18.93 entitled "SPECIFIC PLANS" of this Code. 18.78.200 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR PROPERTY. Notwithstanding any other provision of this Chapter to the contrary, no provision of this Chapter shall apply to or be a limitation upon the City of Anaheim, whether the City acts in a governmental or proprietary capacity. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any Section, paragraph, sentence or word of this ordinance, 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 3. 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. A THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 29th day of June 01 1993. MAYOR OF THE'CITY 00 ANAHEIM ATTEST: (/ CITY CLERK OF THE CITY OF ANAHE M 2298.1\SNANN\June 29, 1993 9 3 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. 5378 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of June, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of June, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly None ABSENT: COUNCIL MEMBERS: Pickier AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5378 on the 30th day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of June, 1993. 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. 5378 and was published once in the Anaheim Bulletin on the 14th day of July, 1993. CITY CLERK OF THE CITY OF ANAHEIM