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5613ORDINANCE NO. 5613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5378 AS PREVIOUSLY AMENDED RELATING TO SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinance Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1 which amendment established "District A", redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established Zoning and Development Standards for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2 which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3 which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and, incorporation of minor text and graphic modifications to the document; and -1- WHEREAS, the Planning Commission, duly initiated Specific Plan Adjustment No. 1 at its regularly scheduled meeting on July 21, 1997; and WHEREAS, the proposed amendments, which are designed to facilitate processing of projects, relate to standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on August 18, 1997, the Anaheim City Planning Commission considered and approved the proposed Adjustment No. 1 and recommended to the City Council that it adopt an ordinance incorporating said proposed adjustment; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council has determined that the project is categorically exempt from CEQA under CEQA Guidelines Section 1S061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: A. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.78 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .050 of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0525) to read as follows: ".050 Prohibited Uses. The following uses shall be specifically prohibited in all Districts: 0501 Ambulance services. 0502 Automotive towing services. .0503 Billboards. As defined in Subsection 18.78.130.010 entitled `DEFINITIONS PERTAINING TO SIGNS' of this Chapter. 0504 Bingo establishments. -2- 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, -3- sanitariums, institutions for the treatment of the mentally ill, birthing centers, and animal hospitals, all of which are defined in Section 18.01 entitled `DEFINITIONS' of the Anaheim Municipal Code. .0514 Industrial uses, as set forth in Chapter 18.61 entitled 'ML LIMITED INDUSTRIAL ZONE,' and Chapter 18.63 entitled 'MH HEAVY INDUSTRIAL ZONE,' of this Code. .0515 Kitchens or kitchenettes except as otherwise expressly permitted in this Zone. .0516 Mobile home parks, including expansion of existing facilities to increase the number of mobile home sites. .0517 Office buildings when not accessory to, and integrated as part of an on-site permitted primary or conditional use. 0518 Pawnshops. 0519 Residential hotels or motels. .0520 Sale of alcoholic beverages for on -premises consumption and/or off -premise consumption except as otherwise expressly permitted in this Zone. 0521 Secondhand Shops. .0522 Sex -Oriented Businesses as defined in Section 18.89.020.F of the Anaheim Municipal Code. .0523 Single-family or multiple -family dwelling units except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. .0524 Strip shopping centers. A building or collection of buildings containing retail and/or commercial uses in which the primary orientation of the buildings, entrances, signs, and uses is toward the adjacent public street, and in which parking areas or access to parking areas are prominently displayed to passing vehicles. Such shopping centers may contain uses intended to attract either the general public or tourists, visitor and/or recreational consumers. -4- .0525 Structures exceeding the maximum heights defined in Amended Exhibit 1. .0526 Structures originally designed or intended for residential use but used for non-residential purposes. 0527 Truck and trailer rental services. .0528 Uses or activities not listed in this Chapter which are inconsistent or incompatible with the intended purpose of Specific Plan No. SP92-1." SECTION 2. That subsection .070 of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraphs .0701 and .0703) to read as follows: ".070 Structural Height and Lot Width Requirements. This section contains general building height and parcel width requirements that apply to this Zone, except as otherwise provided by this chapter. .0701 Maximum Permitted Structural Height. Except as otherwise provided in this chapter, the maximum structural height of any building or structure shall not exceed the maximum height depicted in Exhibit 1 of the Specific Plan document, entitled "Maximum Permitted Structural Heights," as amended on September 16, 1997, the provisions of which are incorporated herein by this reference ("Amended Exhibit 1"). Amended Exhibit 1, a copy of which is attached to Ordinance No. 5613, is on file in the Planning Department. .0702 Maximum Permitted Structural Height at the Required Setback. As specified in this chapter, all structures shall have a maximum permitted structural height at the required setback in order to provide a scale appropriate for pedestrians and to permit sunlight to reach the street. These heights are defined specifically for each District setback. .0703 Sky Exposure Plane. Permitted Height Between Maximum Height at the Required Setback and Maximum Permitted Height. For each District which sets -5- forth a maximum permitted structural height at the required setback, no structure shall exceed the sky exposure plane defined in Section 18.78.030 entitled "DEFINITIONS" of this Chapter and as described in Section 3.0, "Land Use Plan" of the Specific Plan document. .0704 Minimum Lot Width. Each lot shall have a minimum width at the street fronta-ge of not less than one hundred seventy-five (175) feet. This requirement shall not apply to any lot lawfully created prior to the effective date of this chapter and shall not render any such lot nonconforming to this chapter for purposes of applying any other requirements contained herein. .0705 Lot Ties. Lot ties, defined as the joining together of two separate parcels but adjoining lots into a single building site pursuant to a covenant to hold the property as one building site when a lot line adjustment is not feasible, shall be allowed within this zone. Such covenant shall conform to such requirements as to form, content and processing as may be specified by the City Attorney, the Planning Director and the City Engineer." SECTION 3. That subsection .090 of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0907 and add paragraph 0911) to read as follows: 11.090 Permitted Encroachments into Required Yard and Setback Areas. Buildings shall comply with the provisions of Section 18.04.043 entitled `PERMITTED ENCROACHMENTS INTO REQUIRED YARDS—GENERAL' of this Code, except as provided herein. .0901 Appurtenant Structures. The following structures appurtenant to other structures shall be permitted to encroach into required setbacks as shown in Cross Sections la, lb, 12, 15, 16 and 17 contained in Section 5.0, `Design Plan,' of the Specific Plan: (a) Access ramps for automobiles to enter and exit parking facilities. -6- (b) Access ramps and stairways for pedestrians to enter and exit parking facilities, hotels, motels and other permitted structures. .0902 Mass Transit Related Structures. Structures related to the operation of the people mover/moving sidewalk and monorail systems, including stations, pedestrian access ramps and stairways, and elevated tracks on which the vehicles operate shall be permitted to encroach into required setbacks. .0903 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height, except as approved by the Transportation and Traffic Manager, shall be permitted within the `Commercial Drive Approach' area as defined by Engineering Standard Detail No. 137. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this Chapter. .0904 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks except in the Theme Park District on Harbor Boulevard in the bus and shuttle drop-off area as described in Exhibit 4.4.2a. `Conceptual Diagram for Theme Park Drop-off Area,' of the Specific Plan document and in the existing parking facilities in the Hotel District and in the Theme Park District as described in Exhibit 3, `Existing Structures to Remain,' of the Specific Plan document. Surface parking between the front building line and the required front yard setback is permitted except on Harbor Boulevard and Katella Avenue. .0905 Parking in Interior Lot Setbacks. Where an interior lot property line abuts a multiple -family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the residential zone property line on maximum fifteen (15) foot centers; and further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in Section 18.78.050.1002 entitled `SCREENING ABUTTING RESIDENTIAL PROPERTY' of this Chapter. -7- .0906 Fountains, Ponds, Sculptures Permitted. Fountains, ponds, sculptures, decorative paving, planters and decorative walkways shall be permitted within the required setback, provided they are an integral part of the landscaping plans approved with the Final Site Plan as described in subsection 18.78.040.020 entitled `FINAL SITE PLAN APPROVAL' of this Chapter. .0907 Utility Elements and Associated Decorative Screen -Type Fences or Walls. Utility elements, devices or facilities and associated decorative, screen -type fences or walls, shall be permitted to encroach into the required interior setback areas, provided such encroachments shall not exceed thirty-six (36) inches in height and such associated walls or fences do not prohibit access to utility devices or facilities. Encroachments into the required setback area adjacent to a public street for necessary utilities and associated screening may be approved by the Planning Director subject to the provisions of Section 18.78.050.090.0920 entitled, `Utility Elements and Screening Walls/Fences' of this Chapter. .0908 Signs Permitted. Signs shall be permitted as provided in Section 18.78.130 entitled `SIGN REGULATIONS' of this Chapter except as otherwise restricted by Sections 18.78.130.060 entitled `BUSINESS AND IDENTIFICATION SIGNS,' Exhibit 7.Oa entitled `General Sign Standards Matrix' and Exhibit 7.Ob entitled `Hotel/Motel Sign Standards Matrix' found in Section 18.78.130.0604 entitled `SIGN STANDARD MATRICES' and Section 18.78.130.070 entitled `AUTOMOTIVE SERVICE STATION SIGNS' of this Chapter. .0909 Flagpoles Permitted. A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from the front property line, and further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. .0910 Drives and Walkways Permitted. Entrance and exit drives and walkways into building or parking areas that are perpendicular to the centerline of the -8- street from which access is provided shall be permitted. .0911 Utility Elements and Screening Walls/Fences. The Planning Director, without public notice or hearing required, may approve encroachments into required setback areas adjacent to a public street for utility elements and screening walls/fences associated with utility elements provided that (i) physical constraints on the subject property or the location of existing utility elements preclude strict adherence to the setback requirements; (ii) said encroachments do not prevent the setback area from being landscaped in accordance with the Design Plan; (iii) the screening wall/fence height does not exceed the maximum wall/fence height allowed for the District; (iv) any screening is in accordance with Section 18.78.050.090.0903 entitled, "Vehicle Sight Distance to be Maintained" of this Chapter; and, (v) any utilities are fully screened by landscape and/or walls/fence with clinging vines/shrubs so that the utilities are not visible from the public right-of-way or adjacent properties. The decision of the Planning Director shall be in writing and shall be final and effective ten (10) days following the date thereof unless an appeal to the Planning Commission is filed within that time by any interested person or review is requested by two or more members of the City Council. Notwithstanding the foregoing, the Planning Director may refer consideration of said encroachments to the Planning Commission for review and approval at a public meeting, without public notice or a public hearing, as a Report and Recommendation item. The Planning Commission's decision shall be final and effective ten (10) days from the date of the Planning Commission's announced decision unless an appeal to the City Council is filed within that time by any interested person or review is requested by two or more members of the City Council. Appeals shall be processed as set forth in Section 18.03.080, except as expressly set forth in this paragraph .0911." SECTION 4. That subsection .100 of Section 18.78. 18.78 of Title 18 of the Anaheim Municipal Code is hereby, amended (to amend paragraph .1007) to 050 of Chapter be, and the same read as follows: ".100 Required Site Screening. .1001 Landscape Buffer. Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway or residential zone boundary as set forth in Section 18.78.090.050 entitled `STRUCTURAL SETBACK AND YARD REQUIREMENTS' of this Chapter. The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. .1002 Screening Abutting Residential Property. Where the property abuts a residential zone, this buffer shall consist of a minimum six (6) foot high, and maximum eight (8) foot high masonry wall, located at the property line, except in the Future Expansion District where it can be twelve (12) feet high, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area. Said wall shall be landscaped with clinging vines whereby growth occurs on both sides if visible from public right-of-way. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. .1003 Screening Abutting Freeway. Where the property abuts a freeway, except as provided for in Section 18.78.060.050 entitled `SETBACKS -LOTS ABUTTING PUBLIC RIGHTS-OF-WAY' of this Chapter, a ten (10) foot wide landscape buffer (but no wall) shall be required. Said buffer shall be permanently planted, irrigated and maintained. When a wall is provided at the property line, the wall shall be designed or situated so as not to obstruct the view of the landscaping from the freeway. Such walls shall be decorative and landscaped in compliance with the Design Plan. .1004 Screening of Automotive Related Uses. All automotive related uses, including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. .1005 Screening of Surface Parking Areas. Where surface parking is visible from an adjacent -10- public street, such parking areas shall be screened with landscaping. Said landscaping area shall consist of: (a) shrubs or bushes which can attain a minimum height of thirty-six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or (c) decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the Engineering Standard Detail No. 137 entitled `Commercial Drive Approach.' .1006 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .1007 Utility Equipment. Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish -type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. .1008 Roof Mounted Equipment. Roof mounted equipment shall be painted the same color as the roof, shall be screened from view of adjacent public rights-of-way and from adjacent properties at any point measured six (6) feet above grade, and shall be considered as part of the total building height except as provided for in Section 18.78.080 entitled `LAND USE AND SITE DEVELOPMENT STANDARDS—PARKING DISTRICT (DEVELOPMENT AREAS 3a AND 3b)' of this Chapter. -11- .1009 Refuse Container Enclosures. Refuse container enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Design Plan and in compliance with the Maintenance standard entitled `Refuse Container Enclosure for Multiple -Family Residential, Commercial and Industrial Use' on file in the Building Division of the Planning Department. .1010 Vacant Land. Vacant land or future landscape areas which will remain vacant or unlandscaped for a period in excess of one (1) year shall comply with at least one of the following: (a) Screening of Vacant Land. Vacant land shall be screened from view from public rights-of-way with a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in Section 18.78.050.110 entitled `LANDSCAPING' of this Chapter, and shall conform to the Design Plan. (b) Landscaping of Vacant Land. Provide temporary landscaping or groundcover complete with temporary irrigation and keep adequately maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for the portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this Chapter. (c) Agriculture. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock may be retained without time limit within this Zone, and is not subject to the screening requirements contained herein. -12- .1011 Walls. Walls containing solid surfaces accessible to the public, with the exception of walls that are part of an entry monument design, shall be planted with either clinging vines or fast-growing shrubbery which will screen the fence/wall surface so as to eliminate graffiti opportunities. Maximum permitted wall height shall not exceed sixteen (16) feet provided that heights in excess of twelve (12) feet for walls other than sound attenuation walls required by a Noise Study, shall be subject to the approval of a Conditional Use Permit in accordance with Section 18.78.050.040 entitled `CONDITIONAL USES AND STRUCTURES.' Sound attenuation walls shall be screened from public view with landscaping, including vines and shrubs. Refer to Exhibit 5.8.3f, `Wall/Fencing Plan,' of the Specific Plan document for locations of the permitted 12 to 16 foot high sound attenuation walls. In the Theme Park District, chain link fences and trellises on walls for landscape screening purposes, are permitted to a maximum height of sixteen (16) feet. Walls constructed in District A and under the provisions of the C-R Overlay shall not exceed eight (8) feet. (a) Exceptions. Unless specified otherwise in this Chapter, within any required street landscape setback area, excluding the first ten (10) feet where no wall shall be permitted, the height of any required wall and berm shall be reduced to not more than thirty-six (36) inches. Such walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan." SECTION 5. That subsection .030 of Section 18.78.060 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend subparagraph .0301(b) and paragraph .0302) to read as follows: ".030 Structural Height Limitations. .0301 Maximum Permitted Structural Height. Except as limited by the provisions of subsections .0302 and .0303, the maximum structural height shall be: -13- (a) Within a theme park use: two hundred fifty (250) feet, except that one structural thematic element may have a height of three hundred (300) feet. (b) Within back -of -house areas: as determined by Amended Exhibit 1. .0302 Maximum Permitted Structural Height at Required Setback: feet. (a) Harbor Boulevard (b) Katella Avenue: Seventy-five (75) Seventy-five (75) feet. (c) West Street/Disneyland Drive: One hundred and ten (110) feet except at twenty-one hundred (2,100) feet north of the centerline of Katella Avenue, the maximum height at the setback shall be determined by Amended Exhibit 1. .0303 Sky Exposure Plane. The maximum height of structures adjacent to the following streets shall not exceed one (1) additional foot of height above the maximum permitted height at the required setback for each two (2) additional feet of setback: (a) Katella Avenue. (b) West Street/Disneyland Drive, between Katella Avenue and twenty-one hundred (2,100) feet north of the centerline of Katella Avenue. (c) Harbor Boulevard." SECTION 6. That subsection .030 of Section 18.78.070 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraphs .0301 and.0302) to read as follows: ".030 Structural Height and Area Limitations. .0301 Maximum Permitted Structural Height. With the exception of the provisions in subsection -14- .0302 below, the building heights illustrated in Amended Exhibit 1. .0302 Maximum Permitted Structural Height at Required Setback: (a) Katella Avenue: Seventy-five (75) feet. (b) West Street/Disneyland Drive: One hundred and ten (110) feet (c) Walnut Street: Forty (40) feet. .0303 Sky Exposure Plane. The maximum height of structures adjacent to the following streets shall not exceed one (1) additional foot of height above the Maximum Permitted Height at the required setback for each two (2) additional feet of setback as described in Section 18.78.030 entitled `DEFINITIONS' in this chapter and in Section 3.0, `Land Use Plan' of the Specific Plan document: (a) Katella Avenue. (b) West Street/Disneyland Drive. (c) Walnut Street." SECTION 7. That subsection .030 of Section 18.78.080 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraphs .0301 and .0302) to read as follows: ".030 Structural Height and Area Limitations. .0301 Maximum Permitted Structural Height. The maximum height of a parking facility in this District is limited to sixty-five (65) feet in the West Parking Area and seventy-five (75) feet in the East Parking Area, except that appurtenances to a structure may exceed these maximums, providing they do not exceed by more than twenty (20) feet the maximum heights provided herein or the provisions of Amended Exhibit 1. .0302 Maximum Permitted Structural Height at Required Setback: -15- (a) Walnut Street: (b) Cerritos Avenue Forty (40) feet. Sixty-five (65) feet. (c) Katella Avenue: Forty-five (45) feet for a Parking Facility only. (d) Clementine Street/Manchester Avenue: Seventy-five feet for a Parking Facility only. (e) Freedman Way: Seventy-five (75) feet for a Parking Facility only. .0303 Sky Exposure Plane. The maximum height of structures adjacent to the following streets shall not exceed one (1) additional foot of height above the Maximum Permitted Height at the required setback for each two (2) additional feet of setback as described in Section 18.78.030 entitled `DEFINITIONS' of this chapter and in Section 3.0, Land Use Plan of the Specific Plan document: (a) Katella Avenue. (b) Walnut Street." SECTION 8. That subsection .040 of Section 18.78.090 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraphs .0401 and .0402) to read as follows: ".040 Structural Height and Area Limitations. .0401 Maximum Permitted Structural Height. The maximum building height permitted in this District shall be as shown in Amended Exhibit 1. .0402 Maximum Permitted Structural Height at Required Setback: (a) Katella Avenue: Seventy-five (75) feet. (b) Adjacent to a Residential Zone: Fifty (50) feet. -16- .0403 Sky Exposure Plane Adjacent to Public Rights -of -Way. The maximum height of structures adjacent to the following streets shall not exceed one (1) additional foot of height above the maximum permitted height at the required setback for each two (2) additional feet of setback as described in Section 18.78.030 entitled `DEFINITIONS' of this chapter and in Section 3.0, Land Use Plan of the Specific Plan document: (a) Katella Avenue. .0404 Sky Exposure Plane Adjacent to Residential Zone. The maximum height of structures at the required setback adjacent to a residential zone shall not exceed one (1) foot of height for each two (2) feet of setback from the adjacent residential zone up to the maximum height permitted in the District." SECTION 9. That subsection .070 of Section 18.78.095 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0701 and delete paragraphs .0702 and .0703) to read as follows: 11.070 Maximum Permitted Height. The maximum permitted height of structures shall be as indicated on Amended Exhibit 1." SECTION 10. That subsection .070 of Section 18.78.100 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 Maximum Permitted Heights. The maximum permitted height of structures shall be as indicated on Amended Exhibit 1." B. That, except as expressly amended herein, Ordinance No. 5378, as previously amended, shall remain in full force and effect. -17- SECTION 11. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 12. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 13. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. -18- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 16th day of September, 1997. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 0024262.02\smarm -19- .� W The Disneyland Resort Specific Plan Anaheim, California Legend Maximum Permitted Structural Height (Anaheim Municipal Code 18.78.050.070) `i- 0 1000 2000 feet North Notes 1. Areos subject a the provrsions of rhe C-0 oveAoy are all subject tp In. pros elons of Ana nem Municipal Code. So, IT, 13.04.035: 2. fhb mops dtagrannal; see Ananam Municipal Code Chapter IS 78 .ad the Dlmeylanc rlesoh Specific Plan lar Iu,IDer i0rormallon. Amended Exhibit 1 Limit of Anaheim Resort ---1 Disneyland Resort Specific Plan I ----I Boundary Designated for Future Extension in Existing General Plan Circulation Element Maximum Height established by Anaheim Municipal Code, Section 18.04.035 :::::: Maximum Height: 65 feet Maximum Height: 75 feet Maximum Height: 85 feet Maximum Height established by Sky Exposure Plane (see Section 3.3) Maximum Height: 250 feet, except as noted STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5613 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of September, 1997, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of September, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5613 on the 16th day of September, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5613 and was published once in the North County News on the 25 day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM