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6093ORDINANCE NO. 6093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (ADJUSTMENT NO. 7). WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, 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 18.114 (formerly, Chapter 18.78) to said Municipal 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, 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 text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on July 13, 1999, the City Council duly adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment encompassed text and exhibit changes throughout the Specific Plan document to reflect the establishment of the new Pointe Anaheim Overlay which provides for the development of the Pointe Anaheim Lifestyle -1- Retail and Entertainment Complex, including amendments to the Development Plan, the Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and WHEREAS, on September 19, 2000, the City Council adopted Ordinance No. 5736 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 3, which adjustment modified the permitted accessory uses within the Parking District and permitted encroachments in the Theme Park District; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5768 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 4, which adjustment modified criteria for Informational, Regulatory and Directional (IRD) Signs visible from the Public Rights -of -Way; and WHEREAS, on March 19, 2002, the City Council duly adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Project; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Use Plan, Design Plan, Zoning and Development Standards and Conditions of approval; and WHEREAS, on May 20, 2003, the City Council adopted Ordinance No. 5859 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 5, which adjustment modified Zoning and Site Development standards pertaining to minimum lot width, permitted architectural projections, minimum distance between driveways and permitted signage in the Pointe Anaheim Overlay; and WHEREAS, on April 25, 2006, the City Council duly adopted Ordinance No. 6022 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk Project; and included amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, and Conditions of Approval to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces. Said Amendment also changed the project reference from "Pointe Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and the overlay reference from "Pointe Anaheim Overlay" to "Anaheim GardenWalk Overlay;"; and WHEREAS, on August 22, 2006, the City Council adopted Ordinance No. 6031 various Chapters of Title 18 of the Anaheim Municipal Code, including amendments relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 6, which adjustment modified Sign Standards for the Disneyland Resort; and -2- WHEREAS, on April 24, 2007, the City Council adopted Ordinance 6056 amending Ordinances Nos. 5377 and 5378, as previously amended, relating to the Disneyland Resort Specific Plan No. 92-1, Amendment No. 7, which amendment modified zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone; and WHEREAS, Michael Motague as authorized agent for Walt Disney Imagineering submitted a request on September 25, 2007 for Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 Zoning and Development Standards; and WHEREAS, proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 includes changes to the Zoning and Development Standards for Chapters 18.114.050.0202 and 18.114.060.0102 pertaining to number of hotel rooms permitted in the Hotel and Theme Park District; and WHEREAS said Planning Commission, by its Resolution No. PC2007-147, made certain findings and recommended that the City Council adopt Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1, and did find and recommend, by its Resolution No. PC2007-147, that the City Council, based upon its independent review and consideration of the previously -certified Final Environmental Impact Report No. 311 ("FEIR 311") and the evidence received at the public hearing, that the previously -certified FEIR No. 311 is in compliance with CEQA and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Adjustment to The Disneyland Resort Specific Plan and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for said Adjustment; and WHEREAS, the City Council desires to modify the Zoning and Development standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, pursuant to the provisions of CEQA, the City Council, as lead agency for said Adjustment No. 7, by its motion, did find and determine, based upon its independent review and consideration of the previously -certified Final EIR No. 311, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the previously -approved Final EIR No. 311 is adequate to serve as the required environmental documentation for Adjustment No. 7 and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for said Adjustment. -3- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. That, except as expressly amended herein, Ordinance No. 5378, as previously amended, shall remain in full force and effect. 3. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.114 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .020 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Limitation on Total Number of Hotel Guest Rooms or Suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed five thousand six hundred (5,600) rooms, not including those permitted under Section 18.114.100.060 (C-R Overlay Density). The total number of rooms shall be further limited as follows: .0201 Up to one hundred fifty (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms may be designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.114.120 (Requirements for Vacation Ownership Resorts). .0202 Up to one thousand and twenty-five (1,025) of the five thousand six hundred (5,600) guest rooms may be located within the Theme Park District, provided that visitor vehicular access to any hotel within the Theme Park District shall be obtained from West Street/Disneyland Drive only." SECTION 2. That subsection .010 of Section 18.114.060 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Theme Park - Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standards - General) and in accordance with the Design Plan, the following buildings, structures and uses shall be permitted in this District: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other landscaped open space areas, and rest areas and which may charge a fee for admission. The following facilities may be included within a Theme Park: ie . 0 1 Amphitheaters, indoor and outdoor. .02 Amusement devices and/or arcades. 03 Auditoriums. 04 Dance floors. 05 Fireworks (location and time subject to approval of the Fire Department). .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other similar lighting effects intended primarily for entertainment of The Disneyland Resort visitors and not as an advertising display. 07 Retail shops. 08 Restaurants - enclosed, semi -enclosed, satellite, or walk-up. .09 Theaters - includes dinner, legitimate or motion picture theaters and performance theaters or clubs. .10 Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. .11 Outdoor stands and booths. .0102 Hotels. Up to a maximum of one thousand and twenty-five (1,025) hotel rooms or guest suites and gaining vehicular access from West Street/Disneyland Drive subject to the limitations prescribed in subsection 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites). 0103 Retail Entertainment Centers. 0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.114.120 (Requirements for Vacation Ownership Resorts) and Section 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites)." -5- SECTION 3. 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 4. 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 5. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8th day of January , 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 29th day of January , 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY ?,IN AHEIM By A — MAYOR OF THE OTTY IF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 67494.v 1 /MGordon IN AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) Ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 7, 2008 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 7, 2008 n� ni m / EI T I tr e< A, ignature tiv be p Anaheim Bulletin P625 N. Grand Ave. n Santa Ana, CA 92701 bwi (714) 796-2209 n: M, o. PROOF OF PUBLICATION it a negative credit report reflecting on your credH re- Bomar, Trustee Sale Officer Cherin & Yi a be submitted to a aedH report agenccyy H yyou fail acting as a debt collector attempting to coil* the terms of your credH obtlggatwns. AlAPa< information obtained wW be used for that A 01/24/2008, 01/31/2008 02/07/2008 Maheau r foal n) 573,0M t'3578191/24 1/31, 02/0712 j p to 'Bards I", re - Ment hend- In) to hand- �t jnodi- Iriferia �endover Zon- No. 6, modi- yland per- ased with rther yland No. is ad - under rHional ob- strut lav - for would the i �. ORDINANCE NO.6093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (ADJUSTMENT NO. 7). WHEREAS, pursuant to the procedures set forth in Chapter 72 formerly, er 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 reclass'rfy certain real property described therein into The Disneylan crfic 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 18.114 (formerly, Chapter 18.78) to said Municipal 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, Amendment No. 1, which amendment established "District A", re- designated 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 amend- ment 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 text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjust- ment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on July 13, 1999, the City Council duly adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amend- ment encompassed text and exhibit changes throughout the Specific Plan document to reflect the establishment of the new Pointe Anaheim Overlay which provides for the development of the Pointe Anaheim Lifestyle Retail and Entertainrgtt Complex, including amendments to the Development Plan, the Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and WHEREAS, on September 19, 2000, the City Council adopted Ordinance No. 5736 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 3, which adjustment modi- fied the permitted accessory uses within the Parking District and permitted encroachments in the Theme Park District; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5768 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 4, which adjustment modified criteria for Informational, Regulatory and Directional (IRD) Signs visible from the Public Rights -of -Way; and WHEREAS, on March 19, 2002, the City Council duly adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as. previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which-amend- mentpertained to the Pointe Anaheim Pro'ect; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Jas Plan, Design Plan, Zoning and Development Standards and Conditions of approval; and WHEREAS, on May 20, 2003, the City Council adopted Ordinance No. 5859 amending Ordinance No. 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 5, which adjustment modified Zon- ing and Site Development standards pertaining to minimum lot width, permitted architectural projections, minimum distance between driveways and permitted signage in the Pointe Anaheim Overlay; and WHEREAS, on April 25, 2006, the City Council duly adopted Ordinance No. 6022 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 6, which amend- ment pertained to the Anaheim GardenWalk Project; and included amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, and Conditions of Approval to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suftes (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces. Said Amendment also changed the project reference from "Pointe Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and the over- lay reference from "Pointe Anaheim Overlay" to "Anaheim GardenWalk Overlay;"; and WHEREAS, on August 22, 2006, the City Council adopted Ordinance No. 6031 various Chapters of Title 18 of the Anaheim Municipal Code, including amendments relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 6, which ad'ustment modified Sign Standards for the Disneyland Resort; and WH�REAS, on April 24, 2007, the City Council adopted Ordinance 6056 amending Ordinances Nos. 5377 and 5378, as previously amended, relating to the Disneyland Resort Specific Plan No. 92-1, Amendment No. 7, which amendment modi- fled zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone; and WHEREAS, Michael Motague as authorized agent for Walt Disney Imagineering submitted arequest on September 25, 2007 for Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 Zoning and Development Standards; and WHEREAS, proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 includes changes to the Zoning and Development Standards for Chapters 18.114.050.0202 and 18.114.060.0102 pertaining to number of hotel rooms per - miffed in the Hotel and Theme Park District; and WHEREAS said Planning Commission, by its Resolution No. PC2007-147, made certain findings and recommended that the City Council adopt Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposed Adjustment No. 7 to The Disneyland Resort S eci is Plan No. 92-1, and did find and recommend, by its Resolution No. PC2007-147, that the City Council, based upon its independent review and consideration of the previously -certified Final Environmental Impact Report No. 311 ("FEIR 311"and the evidence received at the public hearing, that the previously -certified FOR No. 311 is in compliance with CEQA and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Adjustment to The Disneyland Resort Specific Plan and satisfies all ofthe requirements of CEQA, and that no further environmental documentation need be prepared for said Adjustment; and WHEREAS, the City Council desires to modify the Zoning and Development standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, pursuant to therovisions of CEQA, the City Council, as lead agency for said Adjustment No. 7, by its motion, did find and determine, based upon its independent review and consideration of the previously -certified Final EIR No. 311, and the requirements of CECIA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the previously -approved Final EIR No. 311 is ad- equate to serve as the required environmental documentation for Adjustment No. 7 and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for said Adjustment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. That, except as expressly amended herein, Ordinance No. 5378, as previously amended, shall remain in full force and effect. 3. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.114 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .020 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Limitation on Total Number of Hotel Guest Rooms or Suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed five thousand six hundred (5,600) rooms, not including those permitted under Section 18.114.100.060 (C-R Overlay Density). The total number of rooms shall be further limited as follows: 0201 Up to one hundred fitly (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms may be designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.114.120 (Requirements for Vacation Ownership Resorts). .0202 Up to one thousand and twenty-five (1,025) of the five thousand six hundred (5,600) guest rooms may be located within the Theme Park District, provided that visitor vehicular access to any hotel within the Theme Park District shall be ob- i tained from West Street/Disneyland Drive only." SECTION 2. That subsection .010 of Section 18.114.060 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and thesame is hereby, amended to read as follows: 1 ".010 Theme Park - Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standards -General) and in accordance with the Design Plan, the following buildings, struc- tures and uses shall be permitted in this District: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional signficance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other la scaped open space areas, and rest areas and which may charge a fee for admission. The following facilities may be included within a Theme Park: .01 Amphitheaters, indoor and outdoor. .02 Amusement devices and/or arcades. .03 Auditoriums. .04 Dance floors. .05 Fireworks (location and time subject to approval of the Fire Department). .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other simPar lighting effects intended primarily for i entertainment of The Disneyland Resort visitors and not as an advertising display. .07 Retail shops. - .08 Restaurants - enclosed, semi -enclosed, satellite, or walk-up. .09 Theaters - includes dinner, legitimate or motion picture theaters and performance theaters or clubs. .10 Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. .11 Outdoor stands and booths. 0102 Hotels. Up to a maximum of one thousand and twenty-five (1,025) hotel rooms or guest suites and gaining vehicular access from West Street/Disneyland Drive subject to the limitations prescribed in subsection 18.114.050.020 (Limita- tion on Total Number of Hotel Guest Rooms or Suites). .0103 Retail Entertainment Centers. - .0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.114.120 (Requirements for Vacation Ownership Retorts) and Section 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites)." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word ofthis 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 4. SAVINGS CLAUSE rNeither 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 cogroee as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of thisordinance, 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 5. PENALTY Except as may otherwise be expressly provided, any person who violates any provision of #0 ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8th day of January, 2008, and thereafter passed and adopted ata regular meeting of said City Council held on the 29th day of January, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By /s/Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish Anaheim Bulletin February 7 2008 8548041 2S 122