5379I
ORDINANCE NO. 5379
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 18.04.035 TO CHAPTER 18.04 AND
AMENDING SECTIONS 18.48.050 AND 18.48.082 OF
CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (HEIGHT
REQUIREMENTS)
WHEREAS, the City of Anaheim is an area of national and
international interest as a tourist and convention center and
many millions of dollars have been spent in the development of
hotels, motels, restaurants and other service type businesses to
accommodate the large number of tourists and visitors coming
annually to the City of Anaheim; and
WHEREAS, the visitor and convention business plays an
important role in the prosperity and economy of the City of
Anaheim and of its citizens; and
WHEREAS, the long-term economic viability of the
Commercial Recreation Area will be due to the quality of the
experience of visitors to the Commercial Recreation Area, which
will be determined by the quality of the pedestrian experience
within the Area and the visual appearance of the Area; and
WHEREAS, the City of Anaheim, in accordance with its
General Plan, desires to encourage new pedestrian -oriented
development and to enhance the pedestrian experience and the
appearance of the Commercial Recreation Area in order to attract
more visitors to the Area and in order to enhance the quality of
life for nearby residents; and
WHEREAS, the height and mass of buildings affects the
quality of the pedestrian experience and the appearance of the
Commercial Recreation Area in that tall, massive buildings which
are located immediately adjacent to streets "crowd" pedestrians,
create shadows, and block the sunny, open landscapes that
encourage pedestrian use; and
WHEREAS, restricting the height of buildings along
Harbor Boulevard, Katella Avenue and West Street/Disneyland
Drive, the most significant boulevards in the Commercial
Recreation Area, will enhance the appearance and pedestrian -
oriented environment in the Commercial Core of the Commercial
Recreation Area; and
WHEREAS, the appearance of the Commercial Recreation
Area will be enhanced by permitting only compatible land uses
within the Commercial Recreation Area, and by maintaining the
low -to mid -rise character of the Commercial Recreation Area; and
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WHEREAS, a comprehensive plan to limit the maximum
height of structures will harmonize and integrate various and
diverse land uses within the Commercial Recreation Area, and the
City of Anaheim desires to implement zoning and development
standards which will help ensure the success of existing, as well
as proposed uses, within the Commercial Recreation Area; and
WHEREAS, as recognized in the General Plan, the City of
Anaheim, in recognition of the importance of preserving and
enhancing the tourist and convention character of the area
established a special zoning and land use category for the area
known as the Commercial Recreation Area; and
WHEREAS, the prime tourist and convention attraction in
the Commercial Recreation Area is that commercial development
known as Disneyland; and
WHEREAS, Disneyland is a unique and historic local,
national and international resource, having special character and
special historic and aesthetic interest and value which
contribute significantly to the Commercial Recreation Area; and
WHEREAS, the California Legislature has expressed its
policy to preserve places having a special character or special
historic or aesthetic interest or value by authorizing cities
generally to impose special conditions or regulations for their
protection, enhancement, perpetuation or use, which may include
appropriate or reasonable control of neighboring private property
within public view (Government Code Section 37361); and
WHEREAS, the City of Anaheim has for many years
recognized the impact of the tourist and convention business on
the general economy and has encouraged the orderly development of
the area in and around Disneyland by imposing strict zoning
procedures for developments in the area and by designation of the
area in the close proximity of and including Disneyland as a
Commercial Recreation Area as shown on the General Plan of the
City of Anaheim; and
WHEREAS, the City of Anaheim has adopted The Disneyland
Resort Specific Plan (SP92-1) for the comprehensive development
and revitalization of the existing Disneyland and adjacent
properties, which addresses development of a new theme park,
known as WESTCOT theme park, additional hotels and entertainment
areas, new parking facilities and a transportation system; and
WHEREAS, the overall goal of The Disneyland Resort
Specific Plan is to change the existing Disneyland theme park
area from a day -oriented attraction to an international multi -day
destination resort by integrating the Specific Plan's existing
and proposed theme parks, hotels, and visitor serving facilities
into a unified resort environment; and
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WHEREAS, the revitalization and expansion permitted by
The Disneyland Resort Specific Plan is estimated to directly
produce thousands of new permanent jobs in Anaheim and
substantial new public revenues to the City of Anaheim each year;
and
WHEREAS, the long term economic viability of Disneyland
is dependent on the quality of the experience enjoyed by a
visitor to the theme park, which is in large part determined by
the visual separation a visitor perceives from uses surrounding
the theme park; and
WHEREAS, in connection with the adoption of The
Disneyland Resort Specific Plan, a new standard is needed which
will impose height limitations within The Disneyland Resort
Specific Plan Area and the surrounding Commercial Recreation Area
to ensure more sensitive building massing and to prevent visual
impacts, including visual intrusion into the theme parks, and,
consistent with the General Plan to harmonize land uses within
the Commercial Recreation Area and the Disneyland Resort theme
parks; and
WHEREAS, the new Height Map, entitled "Anaheim
Commercial Recreation Area Maximum Permitted Structural Height
Map," a copy of which is attached hereto as Attachment 1 and
incorporated herein, imposes height limitations to prevent visual
intrusion into the theme parks and is essential to protect,
enhance and perpetuate the special character, special historic
and aesthetic interest and value of Disneyland and the special
character and aesthetic interest and value of the Disneyland
Resort and the Surrounding Commercial Recreation Area; and
WHEREAS, any detriment to the City of Anaheim as a
tourist and convention center would have a serious adverse effect
upon the general economy of the City of Anaheim and a detrimental
effect upon the citizens thereof.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That new Section 18.04.035 be, and the same is hereby,
added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code
to read as follows:
1118.04.035 STRUCTURAL HEIGHT LIMITATIONS -- ANAHEIM
COMMERCIAL RECREATION AREA.
.010 Maximum Structural Height. Structures in excess
of the maximum heights shown on the Anaheim Commercial
Recreation Area Maximum Permitted Structural Height Map
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which covers that area designated Commercial Recreation
on the General Plan and which generally extends to
Walnut Street on the west, Ball Road, I-5 and Vermont
Street on the north, I-5 on the east and Orangewood
Avenue on the south, and which boundaries are more
specifically shown on the map, shall be prohibited.
Said map is on file in the Planning Department of the
City of Anaheim and is incorporated herein by this
reference as if set forth in full herein. Maximum
heights for the purposes of this Section shall be
measured as shown on said map to the highest point of
the building or structure, including penthouses or roof
structures for the housing of elevators, stairways,
ventilating fans, cooling towers or similar equipment
required to operate and maintain the building, fire or
parapet walls, skylights, chimneys, or similar
structures.
.020 Certification of Elevation. Plans for
development of property subject to this Section
18.04.035 proposing development in excess of two
stories or 30 feet in height shall identify existing
grade level of the property based upon elevation above
mean sea level as certified by a Licensed Surveyor or a
Registered Civil Engineer satisfactory to the City
Engineer and provided at developer's sole expense.
.030 Exceptions. Buildings lawfully in existence on
the effective date of this Section 18.04.035 which
exceed the height limitations imposed herein shall be
permitted to rebuild to the height of the existing
structures, provided the portions of such rebuilt
structures which exceed the height limitations shall
not exceed the air space envelope of the portion of the
existing building above the height limitations."
SECTION 2.
That Section 18.48.050.090 of Chapter 18.48 of Title 18
of the Anaheim Municipal Code be, and the same is hereby, amended
to read as follows:
11.090 Buildings and structures otherwise permitted in
this zone (including hotel, motel and suite -type
hotels) either (i) exceeding seventy-five (75) feet in
height or six (6) stories, or (ii) exceeding seventy-
five (75) rooms in one or more buildings within the
same complex of buildings on the same parcel or
adjacent parcels. Such buildings shall also be subject
to the structural height limitations of the Anaheim
Commercial Recreation Area Maximum Permitted Structural
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Height Map referenced in subsection 18.04.035.010 of
this Code."
SECTION 3.
That subsections .010, .030 and.040 of Section
18.48.082 of Chapter 18.48 of Title 18 of the Anaheim Municipal
Code be, and the same are hereby, amended to read as follows:
11.010 Maximum Structural Height. Except as otherwise
provided in this Chapter, the maximum height of any
building or structure shall not exceed six (6) stories
or seventy-five (75) feet in height (as measured from
the existing grade level of the property as shown on
the Anaheim Commercial Recreation Area Maximum
Permitted Structural Height Map referenced in
subsection 18.04.035.010 of this Code), whichever is
less; provided, however, that penthouses or roof
structures for the housing of elevators, stairways,
ventilating fans, cooling towers or similar equipment
required to operate and maintain the building, fire or
parapet walls, skylights, chimneys, or similar
structures may exceed such height limit; provided no
space above such height limit shall be allowed for the
purpose of providing additional floor area, and further
provided that the highest point of such building or
structure, including such allowable encroachments,
shall not exceed the maximum heights shown on said
map."
11.030 Heights in Excess of Seventy -Five (75) Feet.
Heights in excess of seventy-five (75) feet, measured
from the existing grade level of the property to the
highest point of the building or structure, including
any penthouse, or other structure described in
subsection .010 hereof, not to exceed the maximum
heights shown on the Anaheim Commercial Recreation Area
Maximum Permitted Structural Height Map referenced in
subsection 18.04.035.010 of this Code, shall be
permitted by conditional use permit."
11.040 Buildings or structures in Excess of Maximum
Heights Shown on the Anaheim Commercial Recreation Area
Maximum Permitted Structural Height Map. Structures in
excess of the maximum heights shown on the Anaheim
Commercial Recreation Area Maximum Permitted Structural
Height Map, referenced in subsection 18.04.035.010 of
this Code, shall be prohibited."
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
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passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this g9th day of June ,
1993.
MAIOA OF T CITY F ANAHEIM
ATTEST:
L a,
CITY CLERK OF THE CITY OF ANAHEIM
962.4\SMANN\June 17, 1993 6
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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. 5379
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of June, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of
June, 1993, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS:
Feldhaus, Hunter, Simpson, Daly
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Pickier
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5379 on the 30th day
of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th
day of June, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5379 and was published once in the Anaheim Bulletin on the 8th day of July, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
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Ing General Plan Circulation Element
—s7p—
Proposed Maximum Building Height
(elevation above mean sea level)
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Existing Contours
—220,<
(elevation above mean sea level)
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area see Chapter 18.78
Maximum height: 75 feet
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260t
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talnm m mt7muct t3�
Anaheim Commercial Recreation Area Legend
Maximum Permitted
Structural Height Map
(Anaheim Municipal Code 18.04.035)
0 1000 2000 feet North
r—*� Limit of Commercial Recreation Area
as amended per GPA No. 331
Designated for Future Extension In Exist -
Attachment 1
Ing General Plan Circulation Element
—s7p—
Proposed Maximum Building Height
(elevation above mean sea level)
««-w
_ —13i _
Existing Contours
(elevation above mean sea level)
For maximum building heights In this
area see Chapter 18.78
Maximum height: 75 feet
Attachment 1