6576ORDINANCE NO. 6 5 7 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING SECTION 18.40.080
(STRUCTURAL HEIGHT LIMITATIONS — ANAHEIM
COMMERCIAL RECREATION AREA) OF CHAPTER
18.40 (GENERAL DEVELOPMENT STANDARDS) OF
THE ANAHEIM MUNICIPAL CODE
(DEV2021-00069)
WHEREAS, pursuant to the City's police power, as granted broadly under Article
XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, this ordinance is proposed in connection with and is a component of
the entitlement of the DisneylandForward Project, which consists of, among other things,
amendments to the City of Anaheim General Plan, Amendment No. 9 to The Disneyland Resort
Specific Plan (DRSP) No. 92-1 and the DRSP Zoning and Development Standards (Anaheim
Municipal Code Chapter 18.114), Amendment No. 17 to the Anaheim Resort Specific Plan (ARSP)
No. 92-2 and the ARSP Zoning and Development Standards (Anaheim Municipal Code Chapter
18.116), Amendment No. 6 to The Anaheim Resort Public Realm Landscape Program, Amendment
No. 4 to The Anaheim Resort Identity Program and the First Amended and Restated Development
Agreement No. 96-01 (collectively known as "Development Application No. 2021-00069" or the
"Project"); and
WHEREAS, on June 29, 1993, the City Council adopted Ordinance No. 5379,
adding Section 18.04.035 (Structural Height Limitations — Anaheim Commercial Recreation Area)
to Chapter 18.04 (General Development Standards) of the Anaheim Municipal Code and adopting
an updated Height Map, entitled "Anaheim Commercial Recreation Area Maximum Permitted
Structural Height Map", to replace Map 1124 entitled "Anaheim Commercial Recreation Area
Height Standard Guideline" approved by City Council Resolution No. 80R-174. The adopted
Height Map regulates the maximum height for structures developed within an approximately 1,046 -
acre area designated by the City of Anaheim General Plan Land Use Element for Commercial
Recreation land uses and generally bounded by Walnut Street on the west; Ball Road, the I-5
Freeway and Vermont Street on the north; the I-5 Freeway on the east; and, Orangewood Avenue
on the south, and which boundaries are more specifically shown on the adopted Height Map. As
indicated in Ordinance No. 5379, the adopted Height Map imposes height limitations to prevent
visual intrusion into theme parks and is essential to protect, enhance and perpetuate the special
character, special historic and aesthetic interest and value of Disneyland and the special character
and aesthetic interest and value of the Disneyland Resort and the surrounding Commercial
Recreation Area. The amendment to Section 18.04.035, including the Height Map, was approved
in conjunction with the adoption of Ordinance Nos. 5377 and 5378 establishing The Disneyland
Resort Specific Plan (DRSP) No. 92-1; and
WHEREAS, the adopted Height Map regulates the maximum building heights using
height contour lines radiating outwards from the portion of the DRSP Theme Park District located
between Harbor Boulevard and Disneyland Drive and between Ball Road and Katella Avenue
(where Disneyland and Disney's California Adventure theme parks are located). The maximum
building heights permitted by these contour lines generally ranges from a maximum of 75 feet
closest to this portion of Theme Park District, with higher building heights permitted the further a
property is located from this District. The adopted Height Map also indicates that the DRSP
regulates the maximum building heights for the portion of the DRSP Theme Park District located
between Harbor Boulevard and Disneyland Drive and between Ball Road and Katella Avenue; and
WHEREAS, in connection with the entitlement of the Project, amendments are
proposed to Chapter 18.40 (General Development Standards) of Title 18 of the Anaheim Municipal
Code to amend the Anaheim Commercial Recreation Area Maximum Permitted Structural Height
Map (Anaheim Municipal Code Section 18.40.080 (Structural Height Limitation — Anaheim
Commercial Recreation Area)), including the Height Map; and
WHEREAS, the proposed amended Height Map is attached hereto as Exhibit A (the
"Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map") and
incorporated herein by this reference as though set forth in full; and
WHEREAS, in conjunction with Amendment No. 9 to the DRSP and Amendment
No. 17 to the ARSP, the proposed amendments would modify the Height Map to provide for the
DRSP to regulate building heights within a larger portion of the DRSP Theme Park District and the
Southeast District and for the ARSP to regulate building heights within the Theme Park East and
West Overlays, as these areas are proposed to be designated for a mix of potential new theme park
and hotel uses. No changes are proposed to the total approximate 1,046 acre boundary of the Height
Map or to height requirements for other properties in the remainder of the area depicted on the
Height Map; and
WHEREAS, the amended Height Map indicates which areas would be regulated by
the DRSP and ARSP, as proposed for amendment, as follows: the DRSP would regulate Areas A
and B which encompass a portion of the Theme Park District and Area C which encompasses the
Southeast District; and, the ARSP would regulate Area D which encompasses the Theme Park West
Overlay and Area E which encompasses the Theme Park East Overlay; and
WHEREAS, the DRSP and ARSP, as proposed for amendment, would regulate the
Height Map Areas A, B, C, D and E, and a description of the DRSP and ARSP building height
requirements for these areas is provided in Final SEIR No. 352 in Section 5.1 (Aesthetics) and
Table 5.1-1 (Modifications to the Anaheim Commercial Recreation Area Maximum Permitted
Structural Height Map and the DRSP and ARSP Zoning and Development Standards), which is on
file with the City of Anaheim Planning and Building Department and incorporated herein by this
reference as if set forth in full; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
-2-
Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Project; and,
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 11, 2024, at 5:00 p.m., and notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence and testimony concerning the contents and
sufficiency of Final Subsequent EIR (SEIR) No. 352, including all written and verbal comments
received during the 45 -day public review period, the Project, and related actions, and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing and based upon its independent review, analysis,
and consideration of the environmental information contained in Final SEIR No. 352 to EIR No.
311 and Supplemental EIR No. 340 prepared in connection with the Project, the Planning
Commission found substantial evidence in the record to support its actions and did adopt its
Resolution No. PC2024-004 finding and recommending that the City Council certify Final
Subsequent EIR No. 352 (Final SEIR No. 352) to EIR No. 311 and Supplemental EIR No. 340,
including the adoption of Findings and a Statement of Overriding Considerations and Mitigation
Monitoring Program No. 387 (MMP No. 387), and determining that (i) Final SEIR No. 352 was
prepared for the Project in compliance with the requirements of the CEQA and all applicable CEQA
Guidelines; (ii) Final SEIR No. 352 reflects the independent judgment and analysis of the City; (iii)
Final SEIR No. 352 is adequate to serve as the appropriate environmental documentation for the
Project satisfying the requirements of CEQA supplemental review; and, (iv) no further
environmental documentation needs to be prepared for CEQA for the Project; and
WHEREAS, the Planning Commission, after due consideration, inspection,
investigation and study made by itself and in its behalf, and after due consideration of all evidence
and reports offered at said hearing with respect to the request for the Project, the Planning
Commission recommended that the City Council approve and adopt an amendment to Anaheim
Municipal Code Section 18.40.080 (Structural Height Limitations — Anaheim Commercial
Recreation Area), contingent upon and subject to the adoption by the City Council of (1) ordinances
approving and adopting Amendment No. 9 to The Disneyland Resort Specific Plan No. 92-1 and
DRSP Zoning and Development Standards (Chapter 18.114 of the Anaheim Municipal Code),
Amendment No. 17 to the ARSP and ARSP Zoning and Development Standards (Chapter 18.116
of the Anaheim Municipal Code) and the First Amended and Restated Development Agreement
No. 96-01; and, (2) resolutions approving amendments to the General Plan, The Anaheim Resort
Public Realm Landscape Program and The Anaheim Resort Identity Program, as proposed as part
of DEV2021-00069.
WHEREAS, upon receipt of the summary of evidence, and report of findings and
recommendations of the Planning Commission, the City Council did fix the 16th day of April, 2024,
as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on
the Project, including an amendment to Anaheim Municipal Code Section 18.40.080 (Structural
Height Limitations — Anaheim Commercial Recreation Area), and for the purpose of considering
Final SEIR No. 352 and the Project, and did give notice thereof in the manner and as provided by
-3-
law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider
evidence for and against the Project; and
WHEREAS, on April 16, 2024, the City Council did hold and conduct such public
hearing and did give all persons interested therein an opportunity to be heard, and did receive
evidence and reports and did consider the Project, including recommendations of the Planning
Commission, potential environmental impacts addressed in Final SEIR No. 352, the Findings and
Statement of Overriding Considerations, and Mitigation Monitoring Program No. 387; and
WHEREAS, by Resolution No. 2024-029, considered on April 16, 2024 and
approved by the City Council on April 17, 2024 concurrently with but prior in time to
consideration of this Ordinance, the City Council has heretofore certified FSEIR No. 352 to Final
EIR No. 311 and Supplemental EIR No. 340 prepared in connection with the Project and
concurrently adopted Findings and a Statement of Overriding Considerations and Mitigation
Monitoring Program (MMP) No. 387 as the mitigation monitoring program for the Project and
determined that: (i) FSEIR No. 352 was prepared for the Project in compliance with the
requirements of CEQA and all applicable CEQA Guidelines; (ii) FSEIR No. 352 and MMP No.
387 are adequate to serve as the appropriate environmental documentation for the Project; and,
(iii) no further environmental documentation needs to be prepared for CEQA for this Project; and
WHEREAS, the City Council determines that, similar to the existing Height Map
wherein the DRSP regulates building heights of theme park and hotel uses within the Theme Park
District, the proposed amendment to Section 18.40.080, including the Height Map, would provide
for the DRSP and the ARSP, as proposed for amendment, to regulate building heights of theme
park and hotel uses in the expanded Theme Park District and Southeast District of the DRSP (shown
on the Height Map as Areas A, B and C) and in the new Theme Park East and Theme Park West
Overlays of the ARSP (shown on the Height Map as Areas D and E); and
WHEREAS, the City Council determines that this amendment would allow Areas
A, B, C, D and E to be regulated by more detailed DRSP and ARSP zoning and development
standards and design guidelines which would provide more flexibility to develop theme park and
hotel uses, while minimizing visual intrusion to neighboring properties by design elements
including more site specific height limits, minimum building setbacks, landscape, screening and
architectural treatments, the action implements the General Plan and enhances and preserves the
general welfare; and
WHEREAS, the City Council desires to amend the Structural Height Limitations for
the Anaheim Commercial Recreation Area established by Ordinance No. 5379; and,
WHEREAS, the City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Ordinance, that the
facts stated in this Ordinance are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials in
the project files. There is no substantial evidence that negate the findings made in this Ordinance.
The City Council expressly declares that it considered all evidence presented and reached these
findings after due consideration of all evidence presented to it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1
That Section 18.40.080 (Structural Height Limitations — Anaheim Commercial
Recreation Area) of Chapter 18.40 (General Development Standards) of Title 18 of the Anaheim
Municipal Code, is hereby, amended and restated to read in full as follows:
18.40.080 STRUCTURAL HEIGHT LIMITATIONS — ANAHEIM COMMERCIAL
RECREATION AREA
.010 Maximum Structural Height. Structures in excess of the maximum heights shown on the
"Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map", which
covers that area designated Commercial Recreation on the General Plan, and which generally
extends to Walnut Street on the west, Ball Road, the I-5 Freeway and Vermont Street on the
north, the I-5 Freeway on the east and Orangewood Avenue on the south, and which boundaries
are more specifically shown on the map, shall be prohibited. Said map, which is dated May,
2024 is on file in the Planning and Building Department of the City of Anaheim, and is
incorporated herein by this reference as if set forth in full herein. Maximum heights for the
purposes of this section shall be measured, as shown on said map, to the highest point of the
building or structure, including penthouses or roof structures for the housing of elevators,
stairways, ventilating fans, cooling towers or similar equipment required to operate and maintain
the building, fire or parapet walls, skylights, chimneys or similar structures.
.020 Certification of Elevation. Plans for development of property subject to this section,
proposing development in excess of two (2) stories or thirty (30) feet in height, shall identify
existing grade level of the property, based upon elevation above mean sea level, as certified by a
Licensed Surveyor or a Registered Civil Engineer satisfactory to the City Engineer, and provided
at developer's sole expense.
.030 Exceptions. Buildings lawfully in existence on the effective date of this section, which
exceed the height limitations imposed herein, shall be permitted to rebuild to the height of the
existing structures, provided the portions of such rebuilt structures which exceed the height
limitations shall not exceed the air space envelope of the portion of the existing building above
the height limitations. (Ord. 5379 § 1; June 29, 1993: Ord. 5920 § 1 (part); June 8, 2004.)
SECTION 2.
The City Council of the City of Anaheim hereby adopts the amended Height Map
attached hereto as Exhibit A (the "Anaheim Commercial Recreation Area Maximum Permitted
Structural Height Map") and incorporated herein by this reference as though set forth in full.
-5-
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid
or unconstitutional by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared invalid or unconstitutional. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subdivision, paragraph, sentence, clause and phrase or portion thereof, irrespective of
the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been
declared invalid or unconstitutional.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause this
ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the
Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of
Anaheim.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after
its final passage.
Wes
THE FOREGOING ORDINANCE was considered at a public hearing held at a regular
meeting of the City Council of the City of Anaheim on the 16r' day of April, 2024 and introduced
at the conclusion of the public hearing on the 17a' day of April, 2024, and thereafter passed and
adopted at a regular meeting of said City Council held on the 7t' day of May, 2024, by the
following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT "A"
"ANAHEIM COMMERCIAL RECREATION AREA MAXIMUM PERMITTED
STRUCTURAL HEIGHT MAP"
[Behind this sheet.]
(DEV2021-00069)
Notes: '
No portion of any structures Shall exceed the elevotlo"n above
Ma level lndlCatetl on thh Exhldl. To detennlnethe °-
opprodmate mozimum helght for o structure In feet, please
refer tD the folowing dbgrom, which Is an example showing
how moximum height$ should be esllmated:
limit of height reshlctWm as indicated on plan
Interpolated contours (" Intemw shown) .
220 240 287 1210 Maxturelevation of
structure
Plane that dentes
\
�Approxlnwft
d
te max height l le feel inox height. lair Mel
Busding 1 (246-1761
'` Ex411rs,g Orade
Anaheim Commercial Recreation Area .Legend
Maximum Permitted
Structural Height Map
(Anaheim Municipal Code 18.40.080)
0 1000 2000feet T North
PL NNGANDBNILDINGDE-ENT
CITY OF ANAHEIM
I I 1 1
135 1140 Existing graft elevates
interpolated contours (14h intervals, shown)
\ \ e1:111100 to consrs
(raftM rO1 RN
�--------- 1For maximum building heights in portions of the DRSP
�N723�'`
Theme Park District (Areas A and B) and in the Southeast
District (Area C), see A.M.C. Chapter 18.114, and in the
ARSP Theme Park West Overlay (Area D) and the Theme
Park East Overlay (Area E), see A.M.C. Chapter 18.116.
N
M�
"'�a''�"'1PB0: s ornn• a zausi No.wcw000
use.....D-30a:m.o.0...ares�u'ear uIor
Limit of General Plan Commercial Recreation Area
_
r •
Land Use Designation as amended per GPA No. 331
In 1993
Proposed Maximum Building Height (elevation above
�32g—
mean sea level) Unless shown otherwise, contours are
parallel to street centerline in the block contour shown.
Existing Contours (elevation above mean sea level)
--130.—
Existing contours are approximate and are for
reference only.
smMaximum
Height: 75 feet
�--------- 1For maximum building heights in portions of the DRSP
�N723�'`
Theme Park District (Areas A and B) and in the Southeast
District (Area C), see A.M.C. Chapter 18.114, and in the
ARSP Theme Park West Overlay (Area D) and the Theme
Park East Overlay (Area E), see A.M.C. Chapter 18.116.
N
M�
"'�a''�"'1PB0: s ornn• a zausi No.wcw000
use.....D-30a:m.o.0...ares�u'ear uIor
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6576 considered at a public hearing at a regular meeting of the City
Council of the City of Anaheim, held on the 16th day of April, 2024, and introduced at the
conclusion of the public hearing on the 171 day of aril, 2024, and that the same was duly passed
and adopted at a regular meeting of said City Council held on the 7th da_y. of May. 2024, by the
following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava,
Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 8th of May. 2024.
;bATEIRK �OF THE CITY OF ANAHEIM
(SEAL)
ANAHEIM BULLETIN anSee Proof on Next Page
Anaheim Bulletin
1920 Main St. Suite 225
Irvine , California 92614
f7141 796-2209
200 S. Anaheim Blvd., Suite 217
Anaheim, California 92805
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party
to or interested in the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation by the
Superior Court of the County of Orange County, State of
California, on December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange County, State of
California; that the notice, of which the annexed is a true
printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on
the following dates, to wit:
0511612024
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true and
correct:
Executed at Anaheim, Orange County, California, on
Date: May 16, 2024.
ORD -6576 (5190168) - Page 1 of 2
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.40.080
(STRUCTURAL HEIGHT LIMITATIONS -ANAHEIM COMMERCIAL RECREATION AREA) OF CHAPTER 18.40
(GENERAL DEVELOPMENT STANDARDS) OF THE ANAHEIM MUNICIPAL CODE
(D E V2021-00069)
This ordinance amends Section 18.40.080 (Structural Height Llmltatlons—Anaheim Commercial Recreation Area)
of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code to amend the
Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map and provide for the Disneyland
Resort Specific Plan to regulate building heights in the Theme Park District and the Southeast District, and allow the
Anaheim Resort Specific Plan to regulate building heights within the Theme Park Overlays.
I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No.
6576, which ordinance was considered at a public hearing at a regular meeting of the City Council of the City of Anaheim
on the 16th day of April, 2024 and introduced at the conclusion of the public hearing on the 17th day of April, 2024, and was
duly passed and adopted at a regular meeting of said Council on the 7th day of May, 2024 by the following roll call vote of
the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Ruhalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subiect matter contained In the text of Ordinance No. 6576 which has been
prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not Include or describe every
provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00
AM and 5:00 PM, Monday through Friday. There is no charge for the COPY.
151969/LM
Anaheim Bulletin
Published: 5/16/24
ORD -6576 (5190168) - Page 2 of 2
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6576 and was published in the Anaheim Bulletin on the 16th
day of May, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY C ER OF THE CITY OF ANAHEIM
(SEAL)