18.114.105   ANAHEIM GARDENWALK OVERLAY.
   .010   Purpose. The Anaheim GardenWalk Overlay has been established to provide for the development of the Anaheim GardenWalk pursuant to the uses set forth in subsection 18.114.105.020 (Conditional Uses) and subject to the density limitations set forth in subsection 18.114.105.030 (Anaheim GardenWalk Density), if the properties are not developed in accordance with The Disneyland Resort Specific Plan Parking District (East Parking Area) requirements or the District A or C-R Overlay requirements. (Ord. 6022 §§ 11, 12; May 25, 2006.)
   .020   Conditional Use and Structures.
      .0201   The following buildings, structures and uses set forth in paragraphs .0202 and .0203 shall be permitted as part of the Anaheim GardenWalk project provided that:
         .01   Conditional Use Permit No. 4078, as amended, is approved pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits);
         .02   All uses and structures set forth in subsection 18.116.070.050 (Accessory Uses) and in subsection 18.116.070.060 (Temporary Uses and Structures) shall be permitted in the Anaheim GardenWalk Overlay;
         .03   All uses set forth in Section 18.116.070 (Uses - Commercial Recreation (C-R) District (Development Area 1)) that are designated as "prohibited uses," shall be prohibited in the Anaheim GardenWalk Overlay;
         .04   All development is subject to the limitations described in Section 18.114.050 (Land Use and Site Development Standards - General); and,
         .05   The Anaheim GardenWalk project shall be designed in accordance with the Conceptual Site Plans and Sign Plans shown in Conditional Use Permit No. 4078, as amended. (Ord. 6221 § 5; August 23, 2011.)
      .0202   Hotels, including suite-type hotels, and vacation ownership resort units, as described in subsection 18.114.105.030 (Anaheim GardenWalk Density). For the purpose of the Anaheim GardenWalk Overlay, condominium hotels are hotels which are facilities meeting the definition of a hotel with ownership structured as a condominium (non-residential), cooperative or other ownership/financing arrangement found by the Planning Director to be similar in function and/or operation, but shall not include timeshares in or interval fractional ownership of a hotel; and, shall be deed restricted to limit owner occupancy to a maximum of two (2) weeks per year.
      .0203   All conditional uses and structures listed in subsection 18.116.070.030 (Conditionally Permitted Uses) which implements the list of uses described in subsection 18.114.105.030 (Anaheim GardenWalk Density) as further described below:
         .01   Specialty Retail/Entertainment Center with integrated management and a festive theme orientation and plaza/pedestrian-oriented amenities with the following types of uses:
            (a)   Banking facilities.
            (b)   Children's, men's, and women's apparel, shoes, jewelry and accessories.
            (c)   Entertainment facilities (amusement arcades, skating rinks, outdoor recreational playground areas).
            (d)   Shopping services.
            (e)   Specialty merchandise, gifts and toys.
            (f)   Transportation/travel services including an automobile rental agency office (with no on-site vehicular storage).
            (g)   Radio and television studio to enable live and/or taped broadcast facilities at the site.
            (h)   Baby-sitting services.
            (i)   Fast-food/food court-type and walkup/ specialty restaurants.
            (j)   Enclosed and semi-enclosed full-service and theme-type restaurants/nightclubs with or without on-site sale and consumption of beer, wine, and alcoholic beverages and associated entertainment uses (billiards, dancing, live and recorded performances).
            (k)   Art galleries/museums.
         .02   Outdoor events/uses held within the confines of Anaheim GardenWalk, out of view of the public right-of-way and not directed towards the public right-of-way including open- air festival events oriented towards tourists and guests for public gatherings, speeches, concerts, presentations, or shows; outdoor booths, kiosks and stands; and, outdoor special lighting effects.
         .03   Theaters, including dinner, legitimate or motion picture theaters, performance theaters or night clubs, and indoor amphitheaters.
         .04   Parking/transportation facilities for automobiles, buses, shuttles, and taxis.
         .05   Murals.
         .06   Onsite directional signs.
         .07   Icon/themed signage elements set forth in subparagraph 18.114.130.060.0602.05. (Ord. 6022 § 13; May 25, 2006.)
   .030   Anaheim GardenWalk Density. The Anaheim GardenWalk Overlay encompasses two areas (Areas A and B) as identified on Exhibit No. 3.3.6a (Anaheim GardenWalk Overlay) of the Specific Plan. The maximum density for the Anaheim GardenWalk Overlay shall be as follows: 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay density is set forth in more detail in Exhibit 3.3.6b (Anaheim GardenWalk Overlay Development Program) of the Specific Plan (Ord. 6022 § 14; May 25, 2006: Ord. 6221 § 6; August 23, 2011.)
   .040   Maximum Permitted Heights. The maximum permitted height of structures shall be as indicated on the Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map in accordance with Section 18.40.080 (Structural Height Limitations - Anaheim Commercial Recreation Area).
   .050   Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. A ten-foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort Specific Plan No. 92-1 Zone boundary and adjacent to Anaheim GardenWalk Overlay, Area B is required for structures developed under the provisions of Section 18.114.105 (Anaheim GardenWalk Overlay).
   .060   Setbacks from Abutting Public Rights-of-Way. The minimum setback requirements for structures developed under the provisions of this Section shall be as described for the base District the structure is located in with the following exceptions:
      .0601   Clementine Street. Twenty (20) feet minimum, if the structure is seventy-five (75) feet or less in height or thirty (30) feet minimum, if the structure is greater than seventy-five (75) feet in height with landscaping consistent with the Design Plan.
      .0602   Disney Way (formerly Freedman Way). Twenty (20) feet minimum, if the structure is seventy-five (75) feet or less in height or thirty (30) feet minimum, if the structure is greater than seventy-five (75) feet in height with landscaping consistent with the Design Plan.
      .0603   Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with the Design Plan.
      .0604   Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent with the Design Plan. (Ord. 5689 § 4; July 13, 1999: Ord. 5807 § 3; March 19, 2002.)
   .070   Minimum Lot Width. Lots shall comply with the minimum lot width provisions of paragraph .0704 of subsection .070 (Structural Height and Lot Width Requirements) of Section 18.114.050 (Land Use and Site Development Standards - General). Notwithstanding the foregoing, lots in the Anaheim GardenWalk Overlay shall have a minimum cumulative frontage of one hundred seventy five (175) linear feet, provided that an unsubordinated covenant satisfactory to the Planning Department and the City Attorney's Office is recorded with the Orange County Recorder requiring development of the lots in compliance with Conditional Use Permit No. 4078, as amended, as part of the Lifestyle Retail and Entertainment Complex approved therein. (Ord. 6022 § 16; May 25, 2006.)
   .080   Balconies and Architectural Projections Permitted.
      .0801   Balconies and architectural projections may encroach a maximum of three (3) feet into the minimum required building setback adjacent to any ultimate public right-of-way.
      .0802   Architectural projections for the parapet caps on the roof line of a signature restaurant building at the northwest corner of Katella Avenue and Clementine Street may encroach a maximum of six (6) feet, six (6) inches into the minimum required building setback adjacent to the public right-of-way to provide architectural interest and variety. (Ord. 6056 § 1; April 24, 2007.)
   .090   Driveway Spacing. All driveway spacing shall comply with paragraph .1202 of subsection .120 (Parking Space and Access Design) of Section 18.114.110 (Off-Street Parking and Loading Requirements), provided that a minimum distance between driveways of twenty five (25) feet may be permitted on Disney Way if one of the driveways is limited to emergency access only, subject to the approval of the City Traffic and Transportation Manager. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6022 § 17; May 25, 2006.)
   .100   Permitted Encroachments into Required Yard and Setback Areas. The required landscape setback area adjacent to the Disney Way and Clementine Street ultimate public right- of-ways may be paved provided:
      .1001   The paved area will serve pedestrian-related activities (restaurant outdoor dining, and limited pedestrian walkways from the public right-of-way to the Anaheim GardenWalk complex as approved by the Planning Director and the City Engineer).
      .1002   Clementine Street. A minimum seven (7) foot wide area of the required setback area between any restaurant outdoor dining area and the public right-of-way shall contain live landscape material.
      .1003   Disney Way. A minimum five (5) foot wide area of the required setback area between any restaurant outdoor dining area and the public right-of-way shall contain live landscape materials. Further, that any outdoor dining areas located within the setback area may be a maximum of three (3) foot above or below grade of the adjacent public right-of-way and that no retaining walls or other structures located in the setback area shall exceed three feet in height unless otherwise required by the Anaheim Building Code. (Ord. 6022 § 18; May 25, 2006: Ord. 6573 § 2 (part); May 7, 2024.)