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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
DEV2022-00080
Code Streamlining & Improvement Program
Summary of Amendments
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
5, 13, 15,
17, 18, 19,
20, 21, 23,
29, 36, 73,
76 18.06 (Multiple-Family Residential
Zones)
18.08 (Commercial Zones)
18.10 (Industrial Zone)
18.14 (Public and Special-Purpose
Zones)
18.18 (Scenic Corridor (SC) Overlay
Zone)
18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone)
18.32 (Mixed Use (MU) Overlay Zone)
18.38 (Supplemental Use Regulations)
18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1) Zoning and
Development Standards)
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
Solar Energy Panels: This amendment consolidates development standards for Solar Energy Panels within one section and provides regulatory relief for roof- mounted Solar Energy Panels that are screened from public view within non- residential zones and mixed-use structures.
13, 35 18.08 (Commercial Zones)
18.38 (Supplemental Use Regulations)
Caretaker Units: This amendment provides 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.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
4, 6, 7, 8,
9, 10, 11,
66 18.06 (Multiple-Family Residential
Zones)
18.66 (Conditional Use Permits)
Multiple-Family Residential Zones: This amendment provides clarity, consistency, and regulatory relief:
• Dwellings-Single-Family Attached – Provides land use consistency between ‘Dwellings-Multiple Family’ and ‘Dwellings-Single-Family Attached’ in the RM-3, RM-3.5, and RM-4 zones.
• Setback between Buildings – Provides 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. • Modifications of Development Standards – Provides 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.
• Encroachments – Clarifies 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.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
12, 14, 31,
72 18.08 (Commercial Zones)
18.10 (Industrial Zone)
18.36 (Types of Uses)
18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1) Zoning and
Development Standards)
Equipment Rental-Large: This amendment provides 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. 12, 22, 25,
28, 64, 72,
75 18.08 (Commercial Zones)
18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone)
18.30 (Downtown Mixed Use (DMU)
Overlay Zone)
18.32 (Mixed Use (MU) Overlay Zone)
18.60 (Procedures)
18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1) Zoning and
Development Standards)
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
Determination of Public Convenience or Necessity (PCN): This amendment provides regulatory relief, consistency, and eliminates a conflict in the Zoning Code by providing the authority to issue a determination on a request for a PCN 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.
52, 53, 54,
55, 56, 57,
58, 59, 60,
61 18.52 (Housing Incentives) Housing Incentives: This amendment provides consistency with State law for housing projects implementing affordable housing incentives. 37, 38 18.38 (Supplemental Use Regulations) Residential Uses of Motels, Commercial, and Office Structures: This amendment clarifies that the standards in the section remain active to facilitate completion of Anaheim’s proportional share of the County’s supportive housing units based on population.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
13, 17, 29,
32, 41, 73,
76 18.08 (Commercial Zones)
18.14 (Public and Special-Purpose
Zones)
18.32 (Mixed Use (MU) Overlay Zone)
18.38 (Supplemental Use Regulations)
18.42 (Parking and Loading)
18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1) Zoning and
Development Standards)
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
Accessory Dwelling Units: This amendment provides consistency with Accessory Dwelling Unit State law, including Senate Bill 879 (Wieckowski) and modifications requested by the California Department of Housing and Community Development. The proposed changes include the following standards, as required by State law:
• Land Use Designation – Accessory Dwelling Units are permitted on all properties with an existing single-family or multiple-family dwelling, regardless of the Zoning or General Plan designation.
• Historic Buildings – Objective design and architectural standards for Accessory Dwelling Units on properties with a historic building. • Front Setback – No front setback required if it is not possible to construct an ≤ 800 square foot Accessory Dwelling Unit outside of the front setback. • Height – Detached Accessory Dwelling Units are permitted up to 18 feet in height. An additional two feet is permitted to accommodate a roof pitch. • Parking – No parking is required when an Accessory Dwelling Unit is proposed in conjunction with an application to create a new single-family or multiple-family dwelling.
• Multiple-Family – Up to two Detached Accessory Dwelling Units are permitted on a property with a proposed multiple-family dwelling. 1, 2 15.08 (Street Naming and Premises
Numbering)
Street Address Numbers: This amendment provides 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.
3, 4, 8, 11,
12, 13, 15,
16, 22, 24,
18.04 (Single-Family Residential Zones)
18.06 (Multiple-Family Residential
Zones)
Grammatical Errors, Incorrect References and Internal Consistency: These amendments correct grammatical errors, update incorrect references and create
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
25, 27, 28,
30, 32, 33,
34, 39, 40,
41, 42, 43,
44, 45, 46,
47, 48, 49,
50, 51, 61,
62, 63, 65,
67, 68, 69,
70, 71, 72,
74, 75
18.08 (Commercial Zones)
18.10 (Industrial Zone)
18.14 (Public and Special-Purpose
Zones)
18.20 (Platinum Triangle Mixed Use
(PTMU) Overlay Zone)
18.30 (Downtown Mixed Use (DMU)
Overlay Zone)
18.32 (Mixed Use (MU) Overlay Zone)
18.38 (Supplemental Use Regulations)
18.42 (Parking and Loading)
18.44 (Signs)
18.46 (Landscaping and Screening)
18.52 (Housing Incentives)
18.60 (Procedures)
18.62 (Administrative Reviews)
18.92 (Definitions)
18.116 (Anaheim Resort Specific Plan
No. 92-2 (SP 92-2) Zoning and
Development Standards)
18.120 (Anaheim Canyon Specific Plan
No. 2015-1 (SP 2015-1) Zoning and
Development Standards)
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
internal consistency of terminology throughout the Zoning Code related to the following items:
• Sound Attenuation (Ordinance Section 3, 4, 22, 25, 28, 71, and 74) - This amendment provides clarity for applicants proposing residential developments that all housing projects are subject to an existing requirement under Section 18.40.090 of the Zoning Code. • Bedroom Definition (Ordinance Section 7 and 40) – This amendment provides internal consistency by maintaining all definitions of a ‘Bedroom’ within Chapter 18.92 (Definitions).
• Markets-Large (Ordinance Section 12, 22, 25, 28, 72, 75) - This amendment clarifies the applicable special provisions for the ‘Markets- Large’ land use.
• Senior Living Facilities-Small (Ordinance Section 22, 25, 28, 71, and 74) – This amendment replaces an incorrect reference within the special provisions for the ‘Senior Living Facilities-Small’ land use. • Fences & Walls (Ordinance Section 13, 15, 50) – This amendment replaces an incorrect reference for ‘Fences & Wall’s’ within the accessory land use table and within Chapter 18.46.
• Educational Institutions-Business (Ordinance Section 16) – This amendment provides internal consistency for the ‘Educational Institutions- Business’ land use in the Public and Special-Purpose Zone with all other non-residential zones. The amendment will allow the land use without a minor conditional use permit for institutions with ten students or less and with a minor conditional use permit for institutions greater than ten students. Currently, the land use requires a conditional use permit. • Architectural Details (Ordinance Section 24) – This amendment clarifies that the Platinum Triangle Mixed-Use Overlay Zone architectural details only apply to mixed-use and residential projects.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
• Planning Services Manager (Ordinance Section 27, 30, 34, 40, 42, 44, 67, 68) – This amendment replaces the title of the ‘Planning Services Manager’ with ‘Deputy Director of Planning and Building’ and clarifies the definition of ‘Planning Director.’
• Animal Keeping (Ordinance Section 33) – This amendment replaces an incorrect reference for a Chapter in the Anaheim Municipal Code than has since been repealed.
• Special Event Permits (Ordinance Section 39) – This amendment corrects a grammatical error that distinguishes districts within the Platinum Triangle Mixed-Use Overlay Zone.
• Gross Floor Area (Ordinance Section 42) – This amendment provides internal consistency by maintaining all definitions of ‘Gross Floor Area’ within Chapter 18.92 (Definitions).
• Commercial Retail Centers-Large (Ordinance Section 43) – This amendment clarifies the parking requirements for restaurants within large commercial centers.
• Shared Parking Permits (Ordinance Section 45) – This amendment provides internal consistency by referring to Chapter 18.60 for procedures to appeal a decision on a Shared Parking Permit.
• Wall Signs (Ordinance Section 46) – This amendment clarifies that wall signs must be on an exterior wall of the business’s tenant space that is requesting a wall sign.
• Cabinet Signs (Ordinance Section 47) – This amendment clarifies that both illuminated and non-illuminated cabinet signs are prohibited. • Monument Signs (Ordinance Section 48) – This amendment clarifies the distance requirements for multiple freestanding or monument signs located along a single street frontage.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
• Landscaping in Front Yard and Parkway (Ordinance Section 49 and 51) – This amendment clarifies the maximum height of lawns within front yards and parkways to not exceed four inches in height.
• Extension of Time (Ordinance Section 62) – This amendment clarifies that the procedures and requirements for extensions of time for tentative maps are found in Chapter 17.08.
• Minor Amendments (Ordinance Section 63) – This amendment clarifies that administrative adjustments are minor amendments.
• Administrative Adjustments (Ordinance Section 65) – This amendment removes a duplicate administrative adjustment allowance related to parking.
• Setbacks (Ordinance Section 69) – This amendment clarifies the definition of ‘Setbacks’ to indicate that all vehicular access easements are a right-of- way for the purposes of implementing structural setbacks. • Outdoor Dining (Ordinance Section 70) – This amendment clarifies the maximum height of six feet above ground level for the transparent portion of outdoor dining enclosures within the street setback in the Anaheim Resort Specific Plan.
• Clerical Revisions (Various Sections) – Non-substantive changes addressing grammatical errors are included throughout various sections of the ordinance.