5613ORDINANCE NO. 5613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING ORDINANCE NO. 5378 AS
PREVIOUSLY AMENDED RELATING TO SPECIFIC PLAN
ADJUSTMENT NO. 1 TO THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (CHAPTER 18.78 OF THE
ANAHEIM MUNICIPAL CODE).
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, on June 29, 1993,
the City Council of the City of Anaheim adopted Ordinance No.
5377 amending the zoning map to reclassify certain real property
described therein into The Disneyland Resort Specific Plan No.
92-1 Zone subject to certain conditions as specified therein, and
Ordinance No. 5378 relating to establishment of Zoning and
Development Standards for The Disneyland Resort Specific Plan No.
92-1 by the addition of Chapter 18.78 to said Code; and
WHEREAS, on April 12, 1994, the City Council adopted
Ordinance No. 5420 amending Ordinance Nos. 5377 and 5378 relating
to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1
which amendment established "District A", redesignated a portion
(approximately 9 acres) of the East Parking Area to District A,
and established Zoning and Development Standards for District A;
and
WHEREAS, on June 20, 1995, the City Council adopted
Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as
previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Amendment No. 2 which amendment redesignated a
portion (approximately 10 acres) of the East Parking Area to
District A; and
WHEREAS, on October 22, 1996, the City Council adopted
Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as
previously amended, relating to The Disneyland Resort Specific
Plan No. 92-1, Amendment No. 3 which amendment encompassed
modifications to The Disneyland Resort Project including a
Revised Phasing Plan; modifications to the Specific Plan
(including the Zoning and Development Standards, Design Plan and
Guidelines and Public Facilities Plan) to implement the Revised
Phasing Plan; and, incorporation of minor text and graphic
modifications to the document; and
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WHEREAS, the Planning Commission, duly initiated
Specific Plan Adjustment No. 1 at its regularly scheduled meeting
on July 21, 1997; and
WHEREAS, the proposed amendments, which are designed to
facilitate processing of projects, relate to standards addressing
permitted encroachments, screening requirements and height
limitations; and
WHEREAS, on August 18, 1997, the Anaheim City Planning
Commission considered and approved the proposed Adjustment No. 1
and recommended to the City Council that it adopt an ordinance
incorporating said proposed adjustment; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
determined that the project is categorically exempt from CEQA
under CEQA Guidelines Section 1S061(b)(3), which provides that
where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
A. That Ordinance No. 5378, as previously amended, be, and
the same is hereby, amended to revise the Zoning and Development
Standards in Chapter 18.78 of the Anaheim Municipal Code as
follows:
SECTION 1.
That subsection .050 of Section 18.78.050 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraph .0525) to read as follows:
".050 Prohibited Uses. The following uses shall be
specifically prohibited in all Districts:
0501 Ambulance services.
0502 Automotive towing services.
.0503 Billboards. As defined in Subsection
18.78.130.010 entitled `DEFINITIONS PERTAINING TO
SIGNS' of this Chapter.
0504 Bingo establishments.
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0505 Cemeteries.
0506 Christmas tree sales lots and/or stands.
.0507 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.
0508 Convenience markets or mini -markets.
.0509 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.'
.0510 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.
.0511 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.
0512 Heliports.
.0513 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,
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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.
.0514 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.
.0515 Kitchens or kitchenettes except as
otherwise expressly permitted in this Zone.
.0516 Mobile home parks, including expansion
of existing facilities to increase the number of mobile
home sites.
.0517 Office buildings when not accessory to,
and integrated as part of an on-site permitted primary
or conditional use.
0518 Pawnshops.
0519 Residential hotels or motels.
.0520 Sale of alcoholic beverages for
on -premises consumption and/or off -premise consumption
except as otherwise expressly permitted in this Zone.
0521 Secondhand Shops.
.0522 Sex -Oriented Businesses as defined in
Section 18.89.020.F of the Anaheim Municipal Code.
.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.
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.0525 Structures exceeding the maximum heights
defined in Amended Exhibit 1.
.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."
SECTION 2.
That subsection .070 of Section 18.78.050 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraphs .0701 and .0703) to read
as follows:
".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 height depicted in Exhibit
1 of the Specific Plan document, entitled "Maximum
Permitted Structural Heights," as amended on September
16, 1997, the provisions of which are incorporated
herein by this reference ("Amended Exhibit 1").
Amended Exhibit 1, a copy of which is attached to
Ordinance No. 5613, is on file in the Planning
Department.
.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. For each District which sets
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forth a maximum permitted structural height at the
required setback, 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 fronta-ge 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 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."
SECTION 3.
That subsection .090 of Section 18.78.050 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraph .0907 and add paragraph
0911) to read as follows:
11.090 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, lb, 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.
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(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.
.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 as described in Exhibit
4.4.2a. `Conceptual Diagram for Theme Park Drop-off
Area,' of the Specific Plan document 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.
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.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 subsection
18.78.040.020 entitled `FINAL SITE PLAN APPROVAL' of
this Chapter.
.0907 Utility Elements and Associated
Decorative Screen -Type Fences or Walls. Utility
elements, devices or facilities and associated
decorative, screen -type fences or walls, shall be
permitted to encroach into the required interior
setback areas, provided such encroachments shall not
exceed thirty-six (36) inches in height and such
associated walls or fences do not prohibit access to
utility devices or facilities. Encroachments into the
required setback area adjacent to a public street for
necessary utilities and associated screening may be
approved by the Planning Director subject to the
provisions of Section 18.78.050.090.0920 entitled,
`Utility Elements and Screening Walls/Fences' of this
Chapter.
.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
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street from which access is provided shall be
permitted.
.0911 Utility Elements and Screening
Walls/Fences. The Planning Director, without public
notice or hearing required, may approve encroachments
into required setback areas adjacent to a public street
for utility elements and screening walls/fences
associated with utility elements provided that (i)
physical constraints on the subject property or the
location of existing utility elements preclude strict
adherence to the setback requirements; (ii) said
encroachments do not prevent the setback area from
being landscaped in accordance with the Design Plan;
(iii) the screening wall/fence height does not exceed
the maximum wall/fence height allowed for the District;
(iv) any screening is in accordance with Section
18.78.050.090.0903 entitled, "Vehicle Sight Distance to
be Maintained" of this Chapter; and, (v) any utilities
are fully screened by landscape and/or walls/fence with
clinging vines/shrubs so that the utilities are not
visible from the public right-of-way or adjacent
properties. The decision of the Planning Director
shall be in writing and shall be final and effective
ten (10) days following the date thereof unless an
appeal to the Planning Commission is filed within that
time by any interested person or review is requested by
two or more members of the City Council.
Notwithstanding the foregoing, the Planning Director
may refer consideration of said encroachments to the
Planning Commission for review and approval at a public
meeting, without public notice or a public hearing, as
a Report and Recommendation item. The Planning
Commission's decision shall be final and effective ten
(10) days from the date of the Planning Commission's
announced decision unless an appeal to the City Council
is filed within that time by any interested person or
review is requested by two or more members of the City
Council. Appeals shall be processed as set forth in
Section 18.03.080, except as expressly set forth in
this paragraph .0911."
SECTION 4.
That subsection .100 of Section 18.78.
18.78 of Title 18 of the Anaheim Municipal Code
is hereby, amended (to amend paragraph .1007) to
050 of Chapter
be, and the same
read as follows:
".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 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
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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.'
.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.
.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 any point
measured six (6) feet above grade, 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.
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.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 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 the 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.
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.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 sixteen (16)
feet provided that heights in excess of twelve (12)
feet for walls other than sound attenuation walls
required by a Noise Study, shall be subject to the
approval of a Conditional Use Permit in accordance with
Section 18.78.050.040 entitled `CONDITIONAL USES AND
STRUCTURES.' Sound attenuation walls shall be screened
from public view with landscaping, including vines and
shrubs. Refer to Exhibit 5.8.3f, `Wall/Fencing Plan,'
of the Specific Plan document for locations of the
permitted 12 to 16 foot high sound attenuation walls.
In the Theme Park District, chain link fences and
trellises on walls for landscape screening purposes,
are permitted to a maximum height of sixteen (16) feet.
Walls constructed in District A and under the
provisions of the C-R Overlay shall not exceed eight
(8) feet.
(a) Exceptions. Unless specified otherwise
in this Chapter, 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."
SECTION 5.
That subsection .030 of Section 18.78.060 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend subparagraph .0301(b) and paragraph
.0302) to read as follows:
".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:
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(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 Amended Exhibit 1.
.0302 Maximum Permitted Structural Height at
Required Setback:
feet.
(a) Harbor Boulevard
(b) Katella Avenue:
Seventy-five (75)
Seventy-five (75) feet.
(c) West Street/Disneyland Drive: One
hundred and ten (110) feet except at twenty-one
hundred (2,100) feet north of the centerline of
Katella Avenue, the maximum height at the setback
shall be determined by Amended Exhibit 1.
.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."
SECTION 6.
That subsection .030 of Section 18.78.070 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraphs .0301 and.0302) to read
as follows:
".030 Structural Height and Area Limitations.
.0301 Maximum Permitted Structural Height.
With the exception of the provisions in subsection
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.0302 below, the building heights illustrated in
Amended Exhibit 1.
.0302 Maximum Permitted Structural Height at
Required Setback:
(a) Katella Avenue: Seventy-five (75) feet.
(b) West Street/Disneyland Drive: One hundred
and ten (110) 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."
SECTION 7.
That subsection .030 of Section 18.78.080 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraphs .0301 and .0302) to read
as follows:
".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 Amended Exhibit 1.
.0302 Maximum Permitted Structural Height at
Required Setback:
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(a) Walnut Street:
(b) Cerritos Avenue
Forty (40) feet.
Sixty-five (65) feet.
(c) Katella Avenue: Forty-five (45) feet for a
Parking Facility only.
(d) Clementine Street/Manchester Avenue:
Seventy-five feet for a Parking Facility only.
(e) Freedman Way: Seventy-five (75) feet for a
Parking Facility only.
.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) Walnut Street."
SECTION 8.
That subsection .040 of Section 18.78.090 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraphs .0401 and .0402) to read
as follows:
".040 Structural Height and Area Limitations.
.0401 Maximum Permitted Structural Height. The
maximum building height permitted in this District
shall be as shown in Amended Exhibit 1.
.0402 Maximum Permitted Structural Height at
Required Setback:
(a) Katella Avenue: Seventy-five (75) feet.
(b) Adjacent to a Residential Zone: Fifty (50)
feet.
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.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 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."
SECTION 9.
That subsection .070 of Section 18.78.095 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended (to amend paragraph .0701 and delete
paragraphs .0702 and .0703) to read as follows:
11.070 Maximum Permitted Height.
The maximum permitted height of structures shall
be as indicated on Amended Exhibit 1."
SECTION 10.
That subsection .070 of Section 18.78.100 of Chapter
18.78 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".070 Maximum Permitted Heights. The maximum
permitted height of structures shall be as indicated on
Amended Exhibit 1."
B. That, except as expressly amended herein, Ordinance No.
5378, as previously amended, shall remain in full force and
effect.
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SECTION 11. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 12. 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.
SECTION 13. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
-18-
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 16th day of September, 1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0024262.02\smarm
-19-
.� W
The Disneyland Resort Specific Plan
Anaheim, California Legend
Maximum Permitted
Structural Height
(Anaheim Municipal Code 18.78.050.070)
`i-
0 1000 2000 feet North
Notes
1. Areos subject a the provrsions of rhe C-0 oveAoy are all subject tp In.
pros elons of Ana nem Municipal Code. So, IT, 13.04.035:
2. fhb mops dtagrannal; see Ananam Municipal Code Chapter IS 78
.ad the Dlmeylanc rlesoh Specific Plan lar Iu,IDer i0rormallon.
Amended Exhibit 1
Limit of Anaheim Resort
---1
Disneyland Resort Specific Plan
I ----I
Boundary
Designated for Future Extension in
Existing General Plan Circulation
Element
Maximum Height established by Anaheim
Municipal Code, Section 18.04.035
::::::
Maximum Height: 65 feet
Maximum Height: 75 feet
Maximum Height: 85 feet
Maximum Height established by Sky
Exposure Plane (see Section 3.3)
Maximum Height: 250 feet, except as
noted
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. 5613 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 9th day of September, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 16th day of September, 1997, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5613 on the 16th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 16th day of September, 1997.
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. 5613 and was published once in the North County News on
the 25 day of September, 1997.
CITY CLERK OF THE CITY OF ANAHEIM