Loading...
5580Y ORDINANCE NO. 5580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 5377 AND 5378 AS PREVIOUSLY AMENDED, RELATING TO THE DISNEYLAND RESORT SPECIFIC PLAN NO.92-1, AMENDMENT NO. 3 (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 Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1 which amendment established "District All, 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 which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Walt Disney Imagineering, as authorized agent for The Walt Disney Company, submitted a request dated July 16, 1996 that the Planning Commission initiate Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 for property within the Specific Plan area not owned by The Walt Disney Company; and WHEREAS, the Planning Commission, by its Resolution No. PC96-69, duly initiated Amendment No. 3 at its regularly scheduled meeting on July 22, 1996 for the portions of the Disneyland Resort Specific Plan area not owned by The Walt Disney Company; and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Walt Disney Imagineering, as authorized agent for The Walt Disney Company, submitted a request for Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 for the portions of the Specific Plan area under the ownership of The Walt Disney Company; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, in ** Resolution No. ** did find that the Addendum to Final 96R-176 Environmental Impact Report No. 311 for The Disneyland Resort Project (the "Addendum") and Modified Mitigation Monitoring Program No. 0067 were prepared in compliance with the requirements of CEQA and the State and City of Anaheim CEQA Guidelines; that as demonstrated by the analysis included in the Final EIR and Addendum for all environmental issues, the proposed project actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; and that the Final EIR along with the Addendum and Modified Mitigation Program No. 0067 are adequate to serve as the required environmental documentation for this request; and WHEREAS, the City Council also desires to amend the Zoning and Development Standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.78 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; WHEREAS, the City desires to amend and add certain conditions of approval to Ordinance No. 5377, as previously amended; and WHEREAS, the City Council finds that the proposed amendments are consistent with the findings and determinations made in Resolution No. 93R-146 (A Resolution of the City Council of the City of Anaheim adopting The Disneyland Resort Specific Plan No 92-1); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM - DOES ORDAIN AS FOLLOWS: A. That Ordinance No. 5377, as previously amended, be, and the same is hereby, amended to revise certain mitigation measures by substituting the Modified Mitigation Monitoring Program No. 0067 as set forth in Attachment No. 1 to Resolution No. 96R- 176, which is incorporated herein as though set forth in full. B. That Ordinance No. 5377, as previously amended, be, and the same is hereby, amended to revise the introductory section to the Conditions of Approval; amend Conditions of Approval Nos.4-5, 7-9, 11, 14-17, 19, 22-24, 26-29, 35, 39, 42-43, 45-46, 48-51, 54-55, 57-58, 60-62 and 64-70, inclusive; and add Conditions of Approval Nos. 71 through 75 to The Disneyland Resort Specific Plan No. 92-1 as set forth in the Amended and Restated Conditions of Approval attached to this Ordinance as Attachment No. 1, which is incorporated herein as though set forth in full. OA C. That the City Zoning Map shall be, and the same is hereby, amended to reflect the changes effected by this Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare amendments to the City Zoning Map showing the changes hereby approved and adopted. D. That, except as expressly amended herein, Ordinance Nos. 5377 and 5378, as previously amended, shall remain in full force and effect. E. 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 subsections .010 and .020 of Section 18.78.010 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".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 (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 June 29, 1993, amended on April 12, 1994 (Amendment No. 1), June 20, 1995 (Amendment No. 2), and 10/22, 1996 (Amendment No. 3), or as the same may be hereinafter amended in accordance with the Specific Plan Amendment procedures set forth in Chapter 18.93 of the Municipal Code entitled 'SPECIFIC PLANS.' .020 Intent. The Disneyland Resort Specific Plan Zone recognizes the uniqueness of the Anaheim Resort 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. 3 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." SECTION 2 That subsection .020 of Section 18.78.020 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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') approved by the City Council on June 29, 1993, as amended on April 12, 1994, (Amendment No. 1), June 20, 1995, (Amendment No. 2), and 10/22 , 1996, Amendment No. 3, 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." SECTION 3 That subsection .050 of Section 18.78.020 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 except as stated herein. 4 r .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 Subsection 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 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 entitled 'Existing Structures to Specific Plan document can occur approval of the City Engineer." 5 shown on Exhibit 3 Remain' of the subject to the Y SECTION 4 That subsections .050 and .060 of Section 18.78.030 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".050 'G' WORDS, TERMS AND PHRASES. .0501 Gross Acreage. The total acreage of a parcel or lot measured from the ultimate public right-of-way, except that due to the enhanced ultimate right-of-way widths required by adopted General Plan Amendment No. 331 for Harbor Boulevard (12 feet), Katella Avenue (28 feet), Freedman Way (11 � feet), and West Street/Disneyland Drive between Cerritos Avenue and Katella Avenue (2 � feet), to implement the Anaheim Resort Public Realm streetscape program, properties along these streets may include the additional right -of way widths in their property gross acreage when computing density. .0502 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' 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 or suite 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 any door into or within the guest room or into the 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." SECTION 5 That subsection .120 of Section 18.78.030 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 building 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. .1204 Structure. For the purpose of this Chapter, the term 'structure' shall have the meaning set forth in Section 18.01.200 of the Anaheim Municipal Code, provided, however, the relocated 220kV transmission lines and poles as depicted on Exhibit 3.4a, 'Phasing Plan,' of the Specific Plan document and on street cross sections in Section 5.0 'Design Plan,' of the Specific Plan document shall be exempt from the Sky Exposure Plane, Maximum Structural Height Limitations and setback requirements of this Chapter and the Maximum Structure Height Limitations of Section 18.04.035 of the Anaheim Municipal Code, but shall not exceed 110 feet above ground level in height." 7 SECTION 6 That subsection .140 of Section 18.78.030 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 Section 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." SECTION 7 That subsection .020 of Section 18.78.040 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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, Parking District and Future Expansion District Setback Realms, as described in the Design Plan. (3) Minor boundary and acreage variations not exceeding ten percent (l0%) of the larger parcel. D (4) Final layout for the parking facility in the East Parking Area. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this 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. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan. (b) Planning Commission Public Hearing Item. (1) Final Site Plans for all development within District A and the Future Expansion District, with the exception of Parking Facilities shown on Exhibit 5.8.3e, 'Future Expansion District Concept Plan,' of the Specific Plan document, shall be subject to the review and approval by the Planning Commission at a noticed public hearing. (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; 2 i [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, 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, retail entertainment centers in the 10 Y Theme Park and/or Hotel District(s), 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 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 information set forth in the Anaheim Resort Specific Plan Final Site Plan Review Application as adopted by Resolution of the City of Anaheim Planning Commission and on file with the Planning Department. .02,03 Phased Submittals. Final Site Plans may be submitted for phases or portions of phases as shown and described in Exhibit 3.4a, 'Phasing Plan,' of the Specific Plan document." SECTION 8 That the introductory paragraph of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.050 LAND 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 18.78.050.0705 entitled 'LOT TIES' of this Chapter, shall not apply to projects in District A or developed under the C-R Overlay requirements. The C-R Overlay standards for those uses are set forth in Section 18.78.100 entitled 'C-R OVERLAY' of this Chapter. The District A standards for those uses are set forth in Section 18.78.095 entitled 'DISTRICT A' of this Chapter. The Districts and corresponding Development Areas herein are those identified on the Development Plan Map (Exhibit 3.3b entitled 'Development Plan' of the Specific Plan document)." 11 Y SECTION 9 That subsections .030, through .050, inclusive, of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.030 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 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, not including Open Air Festivals or events within the theme parks, shall be subject to compliance with _ the provisions of Section 18.02.055 entitled 'SPECIAL EVENT PERMITS -GENERAL,' and Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS, AND BALLOONS -GENERAL' of the Anaheim Municipal 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 12 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. 4J�_ .0402 In the Theme Park and Hotel Districts, fftt Vacation Ownership Units in excess of one hundred lfl1'S units subject to compliance with the requirements of Section 18.78.120 entitled 'REQUIREMENTS FOR VACATION OWNERSHIP RESORTS' of this Chapter. .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 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 Automotive towing services. .0503 Billboards. As defined in Subsection 18.78.130.010 entitled 'DEFINITIONS PERTAINING TO SIGNS' of this Chapter. 13 .0504 Bingo establishments. .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, sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals, all of which 14 Y 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. .0525 Structures exceeding the maximum heights defined in Exhibit 1 entitled 'Maximum Permitted Structural Heights' of the Specific Plan document. 15 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 10 That subsections .080, through .110, inclusive, of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".080 Structural Setback and Yard Requirements. Buildings and structures 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, 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. (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. 16 r .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. .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 Decorative Screen -Type Fences or Walls. Decorative, screen -type fences or walls, not 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 17 i 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 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 18 i 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.' .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 19 Y 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 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. .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 a 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. .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 21 Y 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. 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 22 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. Concurrent with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding forty-five (45) percent of the gross floor area of said existing building within any two (2) year period, and which building is located, on any lot abutting any of the following intersections, landscaping, paving and lighting improvements shall be provided within that certain intersection area as described in and 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." SECTION 11 That the introductory paragraph 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 read as follows: "18.78.060 LAND USE AND SITE DEVELOPMENT STANDARDS—THEME PARK 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 'Land Use Plan Development Summary Tabulation' of the Specific Plan document and as set forth herein." 23 r SECTION 12 That subsection .020 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 read as follows: ".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: (a) Administrative offices including temporary offices within existing hotel buildings during construction period only and subject to approval of the City 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. 24 Y (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. (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 City 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. 25 r (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. (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 'SEX -ORIENTED 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: W a (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 in height; (5) Shall not have more than two sign faces per hotel entry drive; and (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 setback along Katella Avenue; (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." SECTION 13 That subsection .050 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 read as follows: ".050 Setbacks -Lots Abutting Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed 27 I 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 Section 4.0, 'Public Facilities Plan,' and Section 5.0, 'Design Plan,' of the Specific Plan document. All setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the Design Plan. .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 approximately two hundred and fifty (250) feet north of the centerline of Freedman Way: Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section number 7. (c) Between a point approximately two hundred and fifty (250) feet north of the centerline of Freedman Way and a point approximately one 28 thousand three hundred and forty (1,340) feet north of the centerline of Freedman Way: thirty-eight (38) 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 8c. (d) Between a point approximately one thousand three hundred and forty (1,340) feet north of the centerline of Freedman Way to Interstate 5 (Santa Ana Freeway): twelve (12) feet, minimum, with landscaping consistent with Design Plan Cross Section numbers 8a and 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: nineteen (19) feet minimum, with landscaping consistent with Design Plan Cross Section numbers 2a and 2b, 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 and 2b. .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 29 Y 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 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." SECTION 14 That the introductory paragraph 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 read as follows: "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 'Land Use Plan Development Summary Tabulation' of the Specific Plan document and as set forth herein." SECTION 15 That subsection .050 of Section 18.78.070 entitled "LAND USE AND SITE DEVELOPMENT STANDARDS - HOTEL DISTRICT (DEVELOPMENT AREA 2)" of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 T further described in Section 4.0, 'Public Facilities Plan,' and Section 5.0, 'Design Plan,' 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 10a." SECTION 16 That the introductory paragraph of Section 18.78.080 entitled of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.080 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 'Land Use Plan Development Summary Tabulation' of the Specific Plan document and as set forth herein." 31 Y SECTION 18 That subsections .040 and .050 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".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 (excluding District A): 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' and Section 18.78.095 entitled 'DISTRICT A' 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 Section 4.0, 'Public Facilities Plan,' and Section 5.0, 'Design Plan,' 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. 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. 32 a .0503 Freedman Way. (a) North side of the street: (1) From the centerline of Harbor Boulevard to a point six hundred (600) feet east: Twenty (20) 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 b. .0505 Walnut Street. Thirty (30) feet minimum, with landscaping consistent with Design Plan Cross Section number 21." SECTION 1$_ -A That subsection .070 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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. 33 Y .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 City 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." SECTION 19 That the introductory paragraph 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 read as follows: "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 'Land Use Plan Development Summary Tabulation' of the Specific Plan document or as set forth herein." SECTION 20 That subsection .020 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 read as follows: 34 Y ".020 Permitted Accessory Uses and Structures. .0201 Hotels/Motels up to a maximum density of seventy-five (75) guest rooms per gross 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." SECTION 21 That subsection .060 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 read as follows: ".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 Section 4.0, 'Public Facilities Plan,' and Section 5.0, 'Design Plan,' of the Specific Plan document. All setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the Design Plan. .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. .0603 Katella Avenue. Eleven (11) feet with landscaping consistent with Design Plan Cross Section numbers 5a and 5b." SECTION 22 That subsections .010 through .050, inclusive of Section 18.78.095 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 35 11.010 Purpose. This District has been established to permit the uses set forth in Chapter 18.48, entitled 'ANAHEIM RESORT SPECIFIC PLAN NO. 92-21 ZONE' of the Anaheim Municipal Code. .020 Permitted Primary Uses and Structures. All primary uses and structures permitted in Chapter 18.48.070.060 entitled 'PERMITTED PRIMARY USES AND STRUCTURES' of the Anaheim Municipal Code, subject to the limitations prescribed in Section 18.78.050 entitled 'LAND USE AND SITE DEVELOPMENT STANDARDS—GENERAL,' Section 18.78.095.060 entitled 'DISTRICT A DENSITY' of this Chapter, Section 18.48.070.010 entitled 'PERMITTED USES AND STRUCTURES GENERAL,' and Section 18.48.070.060 entitled 'PROHIBITED USES' of the Anaheim Municipal Code. _ .030 Permitted Accessory Uses and Structures. All accessory uses and structures permitted in Section 18.48.070.030 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 18.48.070.040 entitled 'PERMITTED TEMPORARY USES AND STRUCTURES' of the Anaheim Municipal Code. .050 Conditional Uses. All conditional uses and structures listed in Section 18.48.070.050 entitled 'CONDITIONAL USES AND STRUCTURES' of the Anaheim Municipal Code." SECTION 23 - That subsection .090 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 read as follows: 11.090 Setbacks from Abutting Public Rights -of -Way. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this District. Such setbacks shall be measured from the ultimate planned public right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0, 'Public Facilities Plan,' and 5.0 'Design Plan,' of the Specific Plan document. All setbacks shall be fully landscaped, irrigated and maintained in a manner in compliance with the Design Plan. 36 Y .0901 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section number 17a. .0902 Freedman Way. Twenty (20) feet minimum, with landscaping consistent with Design Plan Cross Section number 17b." SECTION 24 That subsections .010 through 060, inclusive, 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: 11.010 Purpose. The C-R Overlay has been established to permit the uses set forth in Chapter 18.48 entitled 'ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 ZONE' of the Anaheim Municipal Code, if the properties are not developed as part of The Disneyland Resort Specific Plan. .020 Permitted Primary Uses and Structures. All primary uses and structures permitted in Chapter 18.48.070.020 entitled 'PERMITTED PRIMARY USES AND STRUCTURES' of the Anaheim Municipal Code but subject to the limitations prescribed in Section 18.78.050 entitled 'LAND USE AND SITE DEVELOPMENT STANDARDS—GENERAL,' Section 18.78.100.060 entitled 'C-R OVERLAY DENSITY' of this Chapter, Section 18.48.070.010 entitled 'PERMITTED USES AND STRUCTURES—GENERAL,' and Section 18.48.070.060 entitled 'PROHIBITED USES' of the Anaheim Municipal Code. .030 Permitted accessory uses 18.48.070.030 STRUCTURES' of .040 Permitted temporary uses 18.48.070.040 STRUCTURES' of Accessory Uses and Structures. All and structures permitted in Section entitled 'PERMITTED ACCESSORY USES AND the Anaheim Municipal Code. Temporary Uses and Structures. All and structures permitted in the Section entitled 'PERMITTED TEMPORARY USES AND the Anaheim Municipal Code. .050 Conditional Uses. All conditional uses and structures listed in Section 18.48.070.050 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: 37 I .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 per lot or 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 per lot or 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." SECTION 25 That subsection .010 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Minimum Parking Requirements. .0101 Parking Requirements for Theme Parks and Associated Uses. (a) Theme park 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 the theme parks and associated uses at build -out. (b) For retail entertainment center uses, parking shall be provided at the rate of one (1.0) space for each one thousand (1,000) persons estimated non -theme park incremental annual attendance. (c) 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. 38 The following 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. .0104 District A and C-R Overlay Parking Requirements. The minimum number, type and design of off-street parking spaces for uses developed in District A or under the provisions of the C-R Overlay shall comply with the requirements of Section 18.06 - entitled 'VEHICLE PARKING AND LOADING REQUIREMENTS' of the Anaheim Municipal Code." SECTION 26 That subsection .030 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 for theme park and retail entertainment center uses, which shall conform to Exhibit 5.7.8.2d entitled 39 Y 'Public Parking Facility Layout' of the Specific Plan document, and for employees of the Theme Park District, which shall conform to the Exhibit 5.7.8.2f entitled 'Employee Parking Layout' of the Specific Plan document and the provisions of the Design Plan, which shall be exempt from the provisions of this requirement. .0302 Parking Structure Design. All Parking Structures in the Parking District shall conform to the Exhibit 5.7.8.2d entitled 'Public Parking Facility Layout' of the Specific Plan document, 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. (b) Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach' shall not apply to the parking facility." SECTION 27 That subsection .050 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 prior to issuance of building permits 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; 40 .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." SECTION 27 -A That subsection .080 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 Parking Markings and Separations. With the exception of parking spaces and facilities located in the Parking District and/or for theme park and retail entertainment center uses, 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-E entitled 'Minimum Off -Street Parking Dimensions,' and Engineering Standard Detail No. 604 entitled 'Parking Dimensions for Structures.' 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." SECTION 28 That subsection .100 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.100 Required Improvement of Parking Areas. Surface parking areas for hotels in the Hotel District and for uses developed in District A or under the provisions of the C-R Overlay, shall be improved in compliance with Section 18.06 entitled 'REQUIRED IMPROVEMENT OF PARKING AREAS' of the Anaheim Municipal Code; provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained in accordance with the standards listed below and the Design Plan. 41 L .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. .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." SECTION 29 That subsection .120 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, (except for parking for theme park and retail entertainment center uses), District A and C-R Overlay only shall comply with the requirements of Section 18.06.040 entitled "PARKING SPACE AND ACCESS DESIGN" of the Anaheim Municipal Code, and Engineering Standard Detail No. 602-E entitled 'Minimum Off -Street Parking Dimensions,' 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) 42 Y 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). (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 City 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 in accordance with the Design Plan, with wider widths subject to the approval of the City Traffic and Transportation Manager. .1204 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with the Engineering Standard Detail No. 137 entitled 'Commercial Drive Approach.' .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, in accordance with 43 Y Engineering Standard Detail No. 607 entitled `Driveway Location Planning." SECTION 30 That subsections .060 and .070 of Sections 18.78.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 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 44 A quantified by means of a survey prepared to the satisfaction of the City. 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 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; 45 Y .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; (b) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and, (c) A report, prepared by a licensed engineer or architect, describing all repairs and replacements needed, if any, to bring all structures into 46 Y 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." SECTION 31 That subsections .010 and .020 of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".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 47 Y as defined herein shall be considered banners for purposes of this Chapter. .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 structure or 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 48 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. .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. 49 a .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. .0119 Flag. Any fabric attached to a flagpole and complying with Section 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. 50 a .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. .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 (public information) 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. 51 i .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 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. A sign attached to a vertical wall extending from and above the actual roof line and intended to visually heighten the building. .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. 52 Y .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. .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. 53 A .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 or parapet 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 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 shall apply to all Districts and the C-R Overlay within the Specific Plan area, except that for theme park or retail entertainment center uses developed in the Theme Park — and Hotel Districts, the sign standards contained in this Section and other sign regulations contained within the Anaheim Municipal Code shall only apply to signs within the required setback adjacent to perimeter streets, excluding West Street/Disneyland Drive. In the Theme Park and Hotel Districts, wall signs for theme parks and retail entertainment center uses adjacent to the required setback along perimeter streets, excluding West Street/Disneyland Drive, shall be internally oriented. .0202 Administrative Provisions -Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Specific Plan area, with the exception of theme parks and retail entertainment centers in the Theme Park and Hotel 54 i District, which shall be exempt from the provisions of this Section and other regulations contained within the Anaheim City Code governing signs, 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 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 Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL,' and Chapters 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, 55 i 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. (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 56 I 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 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 57 A 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 Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL,' of the Anaheim Municipal 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 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 58 A 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 IN THE PUBLIC RIGHT-OF-WAY' of this Code, except signs and gateways as described in the Design Plan or on the pedestrian overcrossing on West Street/Disneyland Drive. .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 59 u in Subsection 18.05.093.025 SIGHT DISTANCE REQUIREMENTS SIGNS' of this Code; entitled 'MINIMUM FOR FREESTANDING (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." SECTION 32 That subsection .060 of Chapter 18.78'/6f Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".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 18.78.130.0602(a) entitled 'CHANGEABLE COPY SIGNS' of this Chapter, and shall comply with the following: .0601 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; and, me I (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. (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 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. 61 i (1) Such 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: (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. 62 I (f) Window Identification Signs subject to 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: [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 residential zoned or properties; 63 not be visible from residentially developed i (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, 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 64 i 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 Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL,' of the Anaheim Municipal Code. (r) Painted signs on exterior walls. (s) Pennants except as otherwise permitted pursuant to Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL,' of the Anaheim Municipal Code. (t) Permanent 'come-on' signs (e.g. "Sale Today," "Stop," "Look," "Going out of Business," etc.) . (u) Pole signs. (v) Portable signs. 65 a (w) Product advertising signs (e.g., soft drinks, cigarettes, etc.). (x) Roof signs. (y) Rotating or revolving signs. (z) Signs attached to trees or landscaping. (aa) Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. (bb) Statues utilized for advertising purposes. (cc) Temporary signs except as otherwise expressly permitted herein. (dd) Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. (ee) 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. (ff) 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. (gg) Wall signs located below the third (3rd) floor level of a building and which signs are located on a property adjacent to and visible from residential properties. (hh) Window signs, including neon signs and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification i 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." SECTION 33 That subsection .080 of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.080 Temporary Signs, Flags, Banners, and Balloons The temporary display of signs, flags, banners and balloons for advertising purposes shall be permitted subject to Section 18.05.070 entitled 'TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS -GENERAL,' of the Anaheim Municipal Code." SECTION 34 That Section 18.78.140 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.140 APPLICATION FEES. By resolution, the City Council may establish fees and the amounts thereof required to be paid to the City for design guideline review and for processing Final Site Plans, building permits and any other application for subsequent approvals to carry out the purposes of this Chapter to implement or amend Specific Plan No. 92-1." SECTION 35 67 a That Section 18.78.150 Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "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 the approved Final Site Plan if required by this Chapter and permits shall 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 final 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 Site Plan approved pursuant to Section 18.78.040.020 entitled 'FINAL SITE PLAN APPROVAL,' and the provisions of the Design Plan." SECTION 36 That Section 18.78.170 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Y "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. 93R-146 as amended by Resolution No.96R-177. 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." SECTION 37 That Section 18.78.190 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.190 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES. Boundaries of the Districts established by this Chapter (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." THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 22 day of October, 1996. MAYOR OF THE CITY OF UNAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SMANN\0020071.01\100196 70 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. 5580 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of October, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 22nd day of October, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, 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. 5580 on the 22nd day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of October, 1996. i 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. 5580 and was published once in the North County News on the 31st day of October, 1996. \ �X CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT "1" AMENDED AND RESTATED CONDITIONS OF APPROVAL The conditions of approval include all mitigation measures and project design features included as part of Modified Mitigation Monitoring Program No. 0067 (as modified on Oct. 8 ,1996) for this project (as required by Section 21081.6 of the Public Resources Code). For purposes of these conditions of approval, the following terms are used: a. Applicant: The Walt Disney Company, its successors and assigns. b. Property Owner/Developer: Any owner or developer of real property within The Disneyland Resort Specific Plan Area, including the C-R Overlay Area and District A. C. Disneyland Resort: The Disneyland Resort , including a second gated theme park, modifications to the Disneyland Hotel, a new Disneyland Administration Building, new hotels, entertainment areas, internal transportation systems, and public parking facilities in the Parking, Theme Park and Hotel Districts, and the South Parking Area in the Future Expansion District. None of the conditions of approval contained herein shall be required to be implemented prior to issuance of any permits for or construction of new structures, improvements, or other modifications within the existing Disneyland Theme Park. d. Second Theme Park: A gated theme park planned south of the existing Disneyland Theme Park. ELECTRICAL 1. That prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for City authorized improvements installed by the property owner/developer. 2. That pedestrian walkway lighting plans in the public right- of-way shall be reviewed and approved by the Public Utilities Department, Electrical Services Division and the Police Department prior to installation. 3. That prior to the approval of each tentative tract or parcel map, or issuance of each building permit, whichever occurs first, Public Utility Easements (PUE's) will be recorded and/or abandonment of PUE's will be processed to the satisfaction of the Public Utilities Department for the following circumstances: A. As a result of increases in right-of-way, where electrical and communication facilities are located adjacent to the existing right-of-way, the facilities shall be either located within the new right-of-way or relocated to new adjacent areas, requiring a PUE. B. The undergrounding of power and communication lines along the major streets will result in the need to obtain PUE's for placement of pad mounted equipment, and related facilities required as a result of the overhead to underground conversion work. C. Alterations to existing private buildings and/or construction of new structures (buildings, signs, landscaping elements, etc.) may require relocation of existing electrical and/or communication facilities. This will require abandonment of existing PUE's and recordation of new PUE's to accommodate the relocation. 4. A. That the roadway lighting of all public streets shall be designed in accordance with the Anaheim Resort Identity Program and associated construction specifications. B. Private streets within The Disneyland Resort Specific Plan Area, with the exception of those within the Hotel and Theme Park Districts, shall have street lights designed and installed in accordance with the Anaheim Resort Identity Program. C. That the property owner/developer shall pay or cause to be paid all costs associated with replacing the existing City street light system within the public right-of-way adjacent to or within the Disneyland Resort Specific Plan Area with street lights designed in accordance with the Anaheim Resort Identity Program. ENGINEERING 5. That the following street design elements shall be shown on each tentative tract or parcel map: A. Street cross-sections, including dimensions, labels, Circulation Element designation (i.e., Resort Secondary) and whether public or private. B. Street grades and vertical alignment; and, C. Horizontal alignment, including centerline radii, and cul-de-sac radii. 2 Y 6. That prior to the approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim. 7. That prior to approval of each street improvement plan, the following shall be provided (for a one (1) year maintenance period) in a manner acceptable to the City Engineer: A. Public Realm Parkway and median island landscaping and irrigation maintenance. B. Provision for the replacement of any tree planted in accordance with landscaping plans in a timely manner in the event that it is removed, damaged, diseased and/or dead. 8. That prior to issuance of each grading permit, a rough or precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval. 9. That all storm drain, sewer and street improvement plans shall be designed and improvements constructed to the satisfaction of the City Engineer. FIRE 10. That prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 11. That prior to the placement of building materials on a building site, an all-weather road /driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. 12. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 3 13. That prior to the approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 14. Combined with Condition No. 11 15. Combined with Condition No. 11 LANDSCAPING 16. That excluding the Disneyland Administration Building, within 120 days following the issuance of the first building permit for Phase II, the applicant shall commence installation of roadway improvements, infrastructure improvements and parkway landscaping and install parkway trees within the Walnut Street Public Realm from Ball Road to Katella Avenue in accordance with the requirements of Section 5.0 "Design Plan " of the Specific Plan document. Applicant shall diligently proceed with such improvements and shall maintain said landscaping through the duration of the construction. 17. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of public sidewalks , unless determined unnecessary by the City Engineer. 18. That all trees planted in the Public Realm shall be planted in accordance with the standard City Tree Planting Detail. 19. That with the exception of landscaped areas in the theme parks, prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department that all landscaping has been installed in accordance with landscaping plans approved by the City and on file with the Building Division of the Planning Department. 20. That on-site non -Public Realm landscaping and irrigation systems and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer in compliance with City standards. 21. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 22. That a licensed arborist shall be responsible for all tree trimming within the Setback Realm. 4 NOISE 23. That prior to the commencement of construction activity, the property owner/developer shall install and maintain specially designed construction barriers at the construction project perimeter areas. The construction sound barriers shall be a minimum height of 8' with a minimum surface weight of 1.25 lbs per square foot or a minimum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragels, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. 24. That sweeping operations in the parking facilities and private streets or on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a sound level measured not greater than 60 dBA at the nearest adjacent property line. 25. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m.. 26. That the property owner/developer shall pay all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning Department to ensure that the Disneyland Resort, including the South Parking Area, ongoing operations do not exceed 60 dBA at any point on the exterior project boundary property line between the hours of 7:00 p.m. and 7:00 a.m. of the following day. During the first five (5) years of operation of the Second Theme Park, said noise monitoring shall be conducted four times a year on a random basis for a three-day period; and, if the monitoring finds that the 60 dBA threshold is being exceeded, modifications to the ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City; and if the monitoring finds that the 60 dBA threshold is being exceeded, modifications to ongoing operations shall be commenced immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. If the Disneyland Resort is in compliance during the first five years, then the frequency of monitoring shall be semi-annually thereafter. 5 PLANNING -RELATED 27. That no development shall occur unless such development is substantially in accordance with the amended Disneyland Resort Specific Plan No. 92-1 document on file with the Planning Department and marked Exhibit A , Amendment No. 3. 28. That the aesthetic concepts related to The Disneyland Resort Specific Plan for improvements along the I-5 shall be coordinated with plans for the Anaheim Resort area and the Anaheim Center Master Plan. 29. That all Final Site Plans shall be prepared in conformance with the Anaheim Resort Specific Plan Final Site Plan Pre - File submittal requirements on file with the Zoning Division of the Planning Department. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans. 30. That prior to issuance of building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for City authorized improvements installed by the property owner/developer. 31. That prior to final building and zoning inspections, all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient -occupied properties. Such information shall be specifically shown on the plans submitted for building permits. 32. That except within the Theme Park District, prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 33. That property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. 34. That the location and configuration of all lighting fixtures including ground -mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas in the Hotel District, Parking District and development in the CR Overlay Area and in District A, shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down -lighted with a maximum height of twelve (12) feet adjacent to any 10 6 residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. 35. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear elevations of buildings visible from a 5 -foot high view point from off- site areas shall be architecturally accented to portray a finished look. 36. That, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to the recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation Manager and the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning Department. 37. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback areas. 38. That with the exception of the Disneyland Administration Building, prior to approval of the first Final Site Plan, issuance of the first building permit or approval of the first tentative tract or parcel map to implement The Disneyland Resort, whichever occurs first, The Walt Disney Company shall submit proof to the City of Anaheim that The Walt Disney Company has entered into an agreement with the Southern California Edison Company with regard to the relocation of the SCE Easement. Said agreement shall be consistent with the provisions of the Disneyland Resort Specific Plan, including the Setback Realm and Private Realm landscape concepts identified in the Section 5, Design Plan, of the Specific Plan document (Exhibit A). Further, said agreement shall specify whether the SCE transmission lanes will be undergrounded or enclosed in a structure. 39. Intentionally deleted in connection with the adoption of Ordinance No. 5377. POLICE 40. That with the exception of the Theme Park and Parking Districts, which are already addressed in the Specific Plan, prior to approval of each Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. 7 STREET MAINTENANCE 41. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. TRAFFIC/CIRCULATION 42. That prior to issuance of a building permit for the West Public Parking Structure, plans shall be prepared to the satisfaction of the City Traffic and Transportation Manager showing a minimum of eleven (11) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the West Public Parking Structure, said toll lanes/storage capacity shall be provided. 43. That prior to approval of a Final Site Plan for the East Public Parking Structure, plans shall be prepared to the satisfaction of the City Traffic and Transportation Manager showing a minimum of fourteen (14) toll lanes and a minimum of 500 vehicle storage capacity prior to the toll booths; and, prior to final building and zoning inspection for the East Public Parking Structure, said toll lanes/storage capacity shall be provided. 44. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 45. That prior to approval of each Final Site Plan or issuance of each building permit, whichever occurs first, plans for vehicular and pedestrian circulation shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Section 5.0, "Design Plan" of the Specific Plan document pertaining to parking standards. Subject property shall be developed and maintained in conformance with said plans. 46. That all driveways shall be constructed to the satisfaction of the City Engineer with radius curb returns ranging from eight (8) to thirty-five (35) feet, unless otherwise approved by the City Engineer. 47. That excluding the Disneyland Administration Building, prior to approval of the first Final Site Plan, tentative tract or parcel map, or issuance of a building permit, whichever occurs first, for each District, vehicular access points to the public streets shall be subject to the review and 8 approval of the City Traffic and Transportation Manager. All access points shall be in substantial conformance with the District Concept Plans in Section 5.0, "Design Plan", of the Specific Plan document. 48. That prior to approval of each Final Site Plan for the Hotel District including the Southwest Parking Area, parking plans shall be submitted to show the location and configuration of hotel employee and guest parking for that site plan. All parking plans shall be subject to the review and approval of the City Traffic and Transportation Manager. 49. Applicable elements of the condition combined with amended Condition No. 58. 50. That prior to Final Site Plan approval for parking structures in the Hotel District, signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the City Traffic and Transportation Manager for review and approval. 51. That any modifications to the restricted setback in Project Design Section 3.3-10, to Walnut Street (e.g., turn restrictions, narrowing of street, etc.) shall be subject to the review and approval of the Planning Commission. All modifications shall be designed and constructed to the satisfaction of the City Engineer. 52. That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspections in accordance with an approved construction phasing plan. These requirements may be modified by a Development Agreement between the City of Anaheim and the applicant with respect to improvements to be implemented by the applicant. 53. That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and Improvement Fee shall be paid to the City of Anaheim in the amount(s) determined by City Council Resolution. Consistent with the Fee Ordinance, fees may be reduced in consideration of 9 right-of-way dedication and/or Master Plan of Arterial Highway facility construction. 54. That prior to issuance of a building permit, the property owner/developer shall provide proof of their participation in the Anaheim Transportation Network (TMA) and Anaheim Stadium Business Center and coordinated with the I-5 Traffic Management Plan. 55. That should a pedestrian bridge over Harbor Boulevard be constructed in Phase III, safe and convenient pedestrian access to/from the east parkway side of Harbor Boulevard shall be provided during construction by the applicant, to the satisfaction of the City Engineer; and, the same shall be provided during construction of the West Street/Disneyland Drive overcrossing between the Hotel District and the Theme Park District to/from the east parkway side of West Street/Disneyland Drive. 56. That ongoing operations for the South Parking Area structure shall provide that it be loaded and emptied to minimize evening noise generation, or other measures acceptable to the City implemented. 57. Intentionally deleted in connection with the adoption of Ordinance No. 5377. 58. A. That prior to the issuance of the first building permit for the Theme Park Central Ticketing Plaza or the approval of a Final Site Plan for the Theme Park District Setback Realm along Harbor Boulevard, the applicant shall submit for review and approval by the City Engineer, a plan showing the location and design of the Theme Park District Drop-off Area, which is to be located on the west side of Harbor Boulevard. Further, that prior to Opening Day of the Second Theme Park, said facility shall be provided by the applicant in accordance with the approved plan. B. That in Phase III, in the event that the Drop-off Area is proposed to be relocated adjacent or internal to the East Parking Facility, that prior to the approval of a Final Site Plan for the East Parking Facility, the location and design of the drop-off area shall be subject to the review and approval of the City Engineer. Prior to final building and zoning inspections of said facility, the drop-off area shall be provided by the applicant in accordance with the approved plan. 59. That prior to any development associated with uses other than parking within the Future Expansion District, additional environmental review will be required. 10 WATER 60. That prior to final building and zoning inspections, the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the Setback Realm area in a manner fully screened from all public streets and alleys. Such information shall be specifically shown on the plans submitted for Final Site Plan approval and for building permits. MISCELLANEOUS 61. That the applicant will build or preserve, or cause to be built or preserved, 500 affordable housing units in the City of Anaheim in connection with the development of the Project. The housing units shall be preserved, constructed or under construction prior to the opening of the Second Theme Park. The City shall cooperate with the applicant in securing financing, identifying sites and approving entitlements. The applicant shall consult with the City prior to entering into binding agreements to build or preserve, or cause to be built or preserved, such housing units in the City. The applicant shall give priority to the preservation of existing housing units in deteriorating multi -family areas of the City. The applicant shall give priority to family units of 2 and 3 bedrooms with a goal of 50% of the units to be 2 or more bedrooms. The applicant shall have discretion to select the particular projects in which it will participate. Affordable housing units required as part of other projects' conditions of approval shall not be eligible for credit. A minimum of 40% of the units shall serve "very low income households" (as defined in Title 25 of the California Administration Code, Section 6926). The remainder of the units will serve "low income households". 62. Intentionally deleted in connection with the adoption of Ordinance No. 5377. 63. That in conjunction with the construction of the East and West Public Parking Facilities, the Hotel parking structures and the South Parking Area Structure, no impact driven piles shall be allowed. 64. Intentionally deleted - no longer applicable. 65. That within thirty (30) days of the City Council's action, the applicant shall provide the Planning Department with three (3) copies of an amended Specific Plan document reflective of the City Council's action. Upon the Planning Department's review and approval of the amended document as being in conformance with the City Council's action, fifty (50) copies of the final amended document, including one master set suitable for reproduction and one 3.5" diskette 11 prepared to the Planning Director's satisfaction including all text and graphics in the document to enable amendments to be made to the document in the future, if necessary, shall be provided by the applicant to the Planning Department. 66. Intentionally deleted (repetitive). 67. That the applicant and/or property owner/developer, as specified in the individual mitigation measures, shall be held responsible for compliance with the mitigation measures and that the applicant shall be responsible for implementation of the project design features identified in Final EIR No. 311 and Addendum and for complying with the Modified Mitigation Monitoring Program No. 0067, in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the applicant and/or property owner/developer, as specified in the individual mitigation measures, and the applicant for project design features, shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Final EIR No. 311 and Addendum that have been incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on Oct. 8 , 1996). The Modified Mitigation Monitoring Program No. 0067, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 68. Intentionally deleted - no longer applicable. 69. Intentionally deleted - no longer applicable. 70. Intentionally deleted - no longer applicable. 71. That prior to relocation/construction of the SCE 220kV - electrical transmission lines in an aerial configuration, the applicant shall commit to fund or cause to be funded the landscaping improvements within the Public Realm parkway and Setback and Private Realm areas adjacent to the planned SCE 220kV aerial alignment, in accordance with the requirements of Section 5.0, "Design Plan", of the Specific Plan document for the following areas: along the east side of Harbor Boulevard (between Freedman Way and 400 feet north of Katella Avenue); along the north side of Katella Avenue (between 700 feet west of Harbor Boulevard to Walnut Street); and, along the west side of Walnut Street (between Katella Avenue and the existing SCE corridor crossing). The applicant shall diligently proceed with the implementation of these landscaping improvements in conformance with construction staging plans prepared to the satisfaction of the City Engineer, which shall be submitted for review and approval by the City Engineer prior to commencement of the relocation/construction activities. 72. That prior to commencement of Caltrans' improvements for the I-5 Widening Project in Harbor Boulevard and Manchester 12 Avenue, the existing 10" water main between the southeast corner of the Disneyland Administration Building site and Harbor Boulevard north of Manchester Avenue will be replaced with a new 16" water main to be constructed in Manchester Avenue/Midway Drive between the Harbor/Manchester intersection and the Anaheim Boulevard/Midway Drive intersection. The applicant shall model and simulate, with a field test acceptable to the City of Anaheim, the effect of this improvement on the current flow conditions for Disneyland back -of -house. If the test results meet City of Anaheim rules and regulations, but, for some other reason, are not acceptable to the applicant, then, the applicant shall propose an additional looped water main acceptable to the City of Anaheim. If the test results do not meet City of Anaheim rules and regulations, then, the City will cause the necessary changes to be made in compliance with the City's rules and regulations. 73. Prior to Final Site Plan approval, the Disneyland Resort hotels in the Hotel District will be designed to accommodate airport bus service to and from their hotels and plans showing these areas, accessible to the general public, shall be submitted to the City Engineer for review and approval. 74. Prior to the approval of street improvement plans for the relocation of Cerritos Avenue, plans shall be submitted to the City Engineer for review and approval showing that the street has been designed to minimize through traffic to Walnut Street. 75. That every five years following the opening of the Second Theme Park, the applicant shall submit a parking evaluation to the City Traffic and Transportation Manager for review and approval, to assess the adequacy of parking for The Disneyland Resort project. The parking evaluation shall be paid for by the applicant and shall be prepared to the satisfaction of the City Traffic and Transportation Manager. If the parking evaluation indicates that parking is deficient, then additional parking spaces shall be provided in accordance with the recommendations of the evaluation and in conformance with the Disneyland Resort Specific Plan. 0020642.01 13