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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 28, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: CODE STREAMLINING AND IMPROVEMENT PROGRAM
ZONING CODE AMENDMENT
ATTACHMENTS (Y/N): YES ITEM # 21
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, take the following actions:
1) Introduce an ordinance to amend Title 15 (Buildings and Housing) and Title 18 (Zoning) of the Anaheim Municipal Code, to provide clarity, create consistency of terms and definitions, streamline review processes, and modify Code requirements to reflect current market trends; and 2) Determine that the above action is 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 (Code). Since that time, the City has amended the Code on an as-needed basis as the result of staff’s periodic review. These amendments have evolved into the Planning and Building Department’s award winning “Code Streamlining and Improvement Program.” This program annually evaluates existing requirements and review processes to identify potential changes to increase efficiency, improve service delivery, and respond to changing regulatory and market demands.
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 in support of housing development and businesses in the City. In addition, this year’s amendments include a modification to Title 15 (Buildings and Housing) of the municipal code to streamline processes for addressing. The proposed code amendment also includes adjustments to the Anaheim Resort, Anaheim Canyon, and Beach Boulevard Specific Plans.
Code Streamlining and Improvement Program Zoning Code Amendment March 28, 2023
A few notable changes in the proposed code amendment include:
Residential Amendments:
Providing land use consistency between ‘Dwellings-Multiple Family’ and ‘Dwellings- Single-Family Attached’ in the RM-3, RM-3.5, and RM-4 zones. Providing regulatory relief for multiple-family residential projects developed under the land use of ‘Dwellings-Multiple Family’ by allowing requests for modifications to certain development standards pursuant to a conditional use permit. Currently, only multiple family residential projects developed under the land use of ‘Dwellings-Single-Family Attached’ are provided this flexibility; therefore, this amendment will also provide consistency between land uses in this zone. This amendment also streamlines the findings of fact for these requests to comply with State law.
Providing regulatory relief by streamlining the required setbacks between buildings on the same property to 15-feet. The amendment will provide consistency for this development standard with the Beach Boulevard Specific Plan which also requires a 15- foot setback between buildings, reflecting the market trends in attached single-family development. This development standard only applies to buildings interior to a site and not for buildings fronting a public right-of-way or interior property lines. Clarifying the permitted encroachments by moving the existing list of encroachments into the three applicable setback categories: abutting a public street, interior setbacks, and setbacks between buildings. This will improve usability and further consolidate development standards within the Multiple-Family Residential Zone classification. Providing consistency with State law for housing projects implementing affordable housing incentives.
Providing consistency with Accessory Dwelling Unit state law, including Senate Bill 879 (Wieckowski) as well as modifications requested by the California Department of Housing and Community Development.
Non-Residential Amendments:
Consolidating development standards for Solar Energy Panels within one section and providing regulatory relief for roof-mounted Solar Energy Panels that are screened from public view within non-residential zones and mixed-use structures. Providing regulatory relief and consistency in the Municipal Code for applications to create or modify street address numbers by providing the Planning and Building Department Director with the authority to make the determination. Currently, the authority to issue new street address numbers is provided to the Building Official and the authority to modify street address numbers is provided to the City Council. This amendment will consolidate and streamline the review. Change of street names will continue to be under the authority of the City Council. Providing regulatory relief for commercial property owners who would like the added security and maintenance benefits of an on-site caretaker by eliminating the minimum lot size requirement of 22,000 square feet and allowing the accessory land use within the Office-Low and Office-High zones.
Code Streamlining and Improvement Program Zoning Code Amendment March 28, 2023
Providing regulatory relief for businesses that operate rental of moving vans, trucks, and trailers as an accessory use within commercial and industrial zones by allowing the land use pursuant to a minor conditional use permit. Currently, a conditional use permit is required.
Providing regulatory relief, consistency, and eliminating a conflict in the Zoning Code by providing the authority to issue a determination on a request for a Public Convenience or Necessity to the Planning and Building Director. This will only apply when the sales of alcoholic beverages are accessory to a permitted primary use that does not require a conditional use permit.
Attachment 2 to this staff report shows the redlined changes to Title 15 and Title 18, and Attachment 3 provides a summary of each amendment by topic.
On February 27, 2023, the Planning Commission, on a 6-0 vote (Vice Chairperson Henninger and Commissioners Castro, Lieberman, Mouawad, Perez, and Walker voted yes; Chairperson Kring absent), recommended City Council approval of the proposed changes.
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 2022/23 General Fund budget.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Ordinance
2. Red-lined Draft Ordinance
3. Summary of Amendments