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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 1, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: CODE STREAMLINING AND IMPROVEMENT PROGRAM
ZONING CODE AMENDMENT
ATTACHMENTS (Y/N): YES ITEM # 03
RECOMMENDATION:
That the City Council, by Motion, introduce an ordinance to:
1) Amend Title 18 (Zoning) of the Anaheim Municipal Code to provide clarity, create consistency of terms and definitions, streamline approval processes, and amend Code requirements to reflect current market trends; and 2) Determine that the above actions are exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3) of Title 14 of the California Code of Regulations.
DISCUSSION:
In 2004, the city comprehensively updated its Zoning Code. Since that time, the city has amended the Code on an as-needed basis as the result of staff’s periodic review.
In 2011, the Anaheim City Council approved the Regulatory Relief Task Force recommendations to promote business-friendly initiatives aimed at reducing the regulatory burden on new or existing businesses. The following year, in 2012, the Planning and Building Department began implementation of its award-winning “Code Streamlining and Improvement Program” to strategically evaluate and amend the Zoning Code on a continuous basis in response to market and business trends.
Such amendments included the consolidation and streamlining of the regulatory permit process, reduction in the level of review required for several land uses, the creation of a Minor Conditional Use Permit, and the reduction of regulatory barriers for hotels in The Anaheim Resort.
In a continued effort to provide regulatory relief, staff has reviewed Anaheim’s existing Zoning Code and permitting practices to identify additional potential changes to further streamline the entitlement process for existing and new businesses in the City. The Zoning Code includes several chapters of Zoning and Development Standards for the City’s Specific Plans. The proposed Zoning Code Amendment includes adjustments to the East Center Street Development Specific Plan.
Code Streamlining and Improvement Program Zoning Code Amendment February 1, 2022
Similar to previous amendments, this request includes modifications to permitted land uses, development standards, procedures, and definitions contained in Title 18 of the Zoning Code.
Attachment 2 to this staff report shows the redlined changes to Title 18, and Attachment 3 provides a description and analysis of each amendment.
In preparing amendments to the Zoning Code, staff evaluated lessons learned from regulatory relief measures taken by executive order in response to the COVID 19 pandemic. Most notably, the proposed code amendment includes new opportunities for the conversion of restaurant parking spaces to permanent outdoor dining areas when located in large shopping centers with adequate parking. On October 25, 2021, the Planning Commission, on a 5-1 vote, recommended City Council approval of the proposed changes. The staff report from that meeting is provided as Attachment 4.
Subsequent to Planning Commission review, on November 16, 2021, Council Member O’Neil requested that the Mayor establish an Ad Hoc Committee to further consider regulatory relief lessons learned from the pandemic. The committee, comprised of Council Member O’Neil, Council Member Diaz, and Council Member Ma’ae, met on December 20, 2021. The committee reviewed the proposed code amendments and, while concurring with the proposed ordinance, made further recommendations that new outdoor dining areas in parking lots should be required to include raised floors comprised of materials that differentiate the dining area from the surrounding parking lot. This addition is included in the draft ordinance presented at this meeting. The Ad Hoc Committee will reconvene prior to the expiration of Executive Order No. 14 on July 15, 2022, to evaluate if additional code amendments are warranted.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the CEQA Guidelines. Pursuant to this section, the proposed amendments and adjustments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, and amend Code requirements to reflect current market trends, the proposed adjustments and amendments will not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA.
IMPACT ON BUDGET:
The costs to process and implement this Code amendment are included in the Planning and Building Department’s FY 2021/22 General Fund budget.
Respectfully submitted,
Ted White
Planning and Building Director
Code Streamlining and Improvement Program Zoning Code Amendment February 1, 2022
Attachments:
1. Draft Ordinance
2. Red-lined Draft Ordinance
3. Summary of Amendments
4. October 25, 2021 Planning Commission Staff Report (without attachments)