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64-662i~ia~ning RESOLUTION NO. 64R-662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REGARDING THE GRANTING OF WAIVERS OF HEIGHT IN THE "COMMERCIAL-RECREATION" AREA IN AND AROUND "DISNEYLAND." WHEREAS, the City of Anaheim has become an area of national and international interest as a tourist and convention center; and ~CHEREAS, many millions of dollars have been spent in the development of hotels, motels, restaurants and other service type businesses to accommodate the large number of tourists and visitors coming annually to the City of Anaheim; and ~EREAS, the City of Anaheim is in the process of developing and building a multi-million-dollar convention center to augment and supplement the facilities for conventions in the City to encourage additional and continuing revenue to the City from large convention activities; and ~EREAS, the visitor and convention business plays a big part in the prosperity and economy of the City of Anaheim and of its citizens; and WHEREAS, the prime tourist and convention attraction in the area is that commercial development known as "Disneyland"; and WHEREAS, the City of Anaheim has for many years recog- nized the impact of the tourist and convention business on the general economy and has encouraged the orderly development of the area in and around "Disneyland" by imposing strict zoning pro- cedures for developments in the area and by designation of the area in the close proximity of "Disneyland" as a Commercial- Recreation area on the General Plan of the City of Anaheim; and WHEREAS, during the entire period of development of the Commercial-Recreation area in and around "Disneyland", the height limit established by the general zoning ordinances limited the height of structures in the area to 35 feet, but due to the phenomenal success of "Disneyland" as an attraction to visitors and the desirability of the land in the Commercial- Recreation area for hotels, motels, restaurants and other related tourist and visitor service businesses, the value of the land in the area has increased to the point where "High Rise" or multi-story structures are economically more feasible than structures limited to 35 feet in height and, as a conse- quence, many requests for variances from the height limit of 5 feet established by ordinance in the area have been received and some have been approved so that structures in excess of 35 feet are not uncommon in the area; and ~EREAS, much testimony and evidence has been received by the City Council in connection with the individual requests for variation from the 35 foot height limit, on conditional use permit applications or on variance applications, both in favor of eliminating all height limits in the area and also in favor of a much more restrictive height limit than the heights permitted -1- as variations to the existing Code in connection with the indivi- dually approved applications; and WHEREAS, in the original development of "Disneyland" many thousands of dollars were spent on permanent improvements to screen out then existing structures and to screen against future structures which could be built under the then existing zoning codes of the City of Anaheim and, in connection with the hearings before the City Council, substantial evidence has been received to indicate that "High Rise" or multi-story structures of a height easily visible from within the "Disneyland" park would have a detrimental effect upon the attraction of "Disney- land" to tourists and visitors; and WHEREAS, any detriment to the City of Anaheim as a tourist and convention center would have a serious adverse effect upon the general economy of the City of Anaheim and a detrimental effect upon the citizens thereof; and WHEREAS, there are existing developed residential areas adjacent to the area in and around T'Disneyland" designated as a "Commercial-Recreation" area on the General Plan of the City, and substantial evidence has been received to indicate that "High Rise" or multi-story structures in close proximity to residential use of land would adversely affect such adjoin- ing residential use; and WHEREAS, in the granting of any variance from the provisions of the zoning code or in the granting of a conditional use permit which allows a variation of height standards as pro- vided under the zoning codes~ it is necessary to find and determine that in granting the permit such "will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located" and "that it will not be materially detrimental to the public welfare or injurious to the prospects or improvements in such vicinity or zone in which the property is located"; and WHEREAS, it is the desire of the City Council of the City of Anaheim to allow the maximum opportunity to develop "High Rise" or multi-story structures designed for tourist and visitor service in the Commercial-Recreation area providing such development will not be detrimental to existing develop- ments in the area and detrimental to the general public welfare; and WHEREAS, the Planning Commission has by its resolution recommended establishing a policy governing height standards in the Commercial-Recreation area to allow for the orderly development of the area while providing protection for the existing investors in the area and protection of the general public welfare and has recommended establishing a basic height of structures at 75 feet subject to the continued use of condi- tional use permits for developments and to other criteria in the analysis of each application all as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that after due consideration of all the fac- tors and after review of all the evidence and testimony relating -2- to the effect of the height of structures on the general welfare as it relates to that area known and designated on the General Plan of the City of Anaheim as the "Commercial-Recreation" area in and around '~Disneyland'~, it is the finding of the City Coun- cil that heights of structures in excess of 75 feet from surface level could have and are likely to have an adverse effect upon the general welfare and are likely to adversely affect the ad- joining land uses and growth and development of the area but that structures of 75 feet or less, and in some instances heights in excess thereof, would not have an adverse effect upon the Commercial-Recreation uses in the area and upon the general welfare as related thereto. The City Council further finds timt any heights in excess of 35 feet if located in close proximity to residential areas could and are likely to adversely affect the adjoining land uses and growth and development of the area and the general welfare as related to such residential uses. BE IT FURTHER RESOLVED by the City Council that as a result of the finding, it is hereby established as a policy of the City of Anaheim that in conjunction with requests for uses and development of properties by application for conditional use permits in the Commercial-Recreation area in and around J'Disneyland" as shown on the General Plan of the City of Ana- heim, such projects will be approved to a height of 75 feet, unless such height would have an adverse effect upon adjoining residential property. BE iT FURTHER RESOLVED by the City Council that, in conjunction wit~ any request for uses and development of property where a height in excess of 75 feet is proposed, Exhibit No. 5 ~s prepared and presented by the "Disneyland" Engineering Staff is hereby adopted and will be used as a guide in determining the likelihood of causing an adverse effect upon the adjoining land uses and the growth and development of the Commercial-Recreation area and the uses therein but shall not be considered to have any relationship to the effect upon any adjoining residential uses which shall be considered separately without any relation- ship to said exhibit. this THE FOREGOING RESOLUTION is approved and signed by me 8th day of September ~ , 1964. ATTEST ANA EIM -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 64R-662 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of September, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-662 on the 8th day of September, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 8th day of September, 1964. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM