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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 27, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: ANNUAL MUNICIPAL CODE UPDATE: AMENDMENTS TO
TITLE 1 (ADMINISTRATION) AND TITLE 18 (ZONING)
RELATED TO CODE STREAMLINING AND IMPROVEMENTS
ATTACHMENT (Y/N): YES ITEM # 27
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance:
1) Amend Title 1 (Administration) of the Anaheim Municipal Code to provide new protections for Community Preservation Officers in the performance of their duties and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations (Introduction); and
2) 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 determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3) of Title 14 of the California Code of Regulations (Introduction).
DISCUSSION:
In 2004, the city comprehensively updated its Zoning Code. Since that time, the city has amended the Zoning Code and related Titles of the Anaheim Municipal Code (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 annual code update. 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.
Annual Code Update
February 27, 2024
Similar to previous amendments, this request includes modifications to permitted land uses, development standards, procedures, and definitions contained in Title 18 (Zoning). In addition, the amendments include a modification to Title 1 (Administration) related to the provision of new protections for Code Enforcement Officers in the performance of their duties. The proposed code amendment includes an adjustment to the Beach Boulevard Specific Plan. A summary and analysis of the amendments is provided in Attachment 5.
A few notable changes in the proposed code amendment include:
• Restaurants in Office Zones:
o Provides regulatory relief for Restaurant-General and Restaurant Full-Service uses in the O-L (Low Intensity Office) and O-H (High Intensity Office) Zones by requiring a Minor Conditional Use Permit rather than a Conditional Use Permit. • Dwellings in Commercial Zones:
o Provides consistency with State Law addressing proposed housing development on properties in the General Commercial, Low Intensity Office, or Transition Zones that have a residential general plan land use designation by continuing to permit commercial and office uses under the zoning classification but also to allow for residential dwellings developed pursuant to the general plan. • Conversions for Affordable Housing:
o Provides regulatory relief and consistency with federal housing programs for affordable housing developments that convert motels, commercial or office structures in the General Commercial and Low Intensity Office Zones to Supportive, Transitional and Multiple-Family Housing for low-income persons by requiring an Administrative Housing Permit rather than a Conditional Use Permit still in conjunction with approval by the City Council. • Accessory Dwelling Units (ADUs):
o Provides clarification that ADUs constructed within the setbacks of the underlying zone must comply with additional privacy design guidelines already applicable to ADUs constructed above the main dwelling unit or garage and that roof eaves and overhangs may encroach into the required building setbacks. • Urban Lot Split and Two Unit Development:
o Provides clarification that existing structures on lots greater than 7,200 square feet are required to maintain a 4-foot setback from a newly created property line under an application for an Urban Lot Split whereas setbacks for lots less than 7,200 square feet would be determined by Building Code for legally permitted existing structures.
• Code Enforcement:
o Provides new protections in Title 1 (Administration) for Community Preservation Officers in the performance of their duties by: 1)establishing that it is unlawful for persons to threaten, intimidate, obstruct, or impede a Community Preservation Annual Code Update
February 27, 2024
Officer in the performance of his or her respective duties; and, 2) explicitly authorizing Community Preservation Officers to ask persons who are violating provisions of the Code or State law for their identification card or other identifying information, as allowed by law.
o Provides clarification in Title 18 (Zoning) that the parking and/or storage of box trucks or tractors on a residential property are specifically prohibited. • Beach Boulevard Specific Plan:
o Provides regulatory relief for stand-alone residential uses on properties less than
2.5 acres in size within the Mixed-Use Medium and Mixed-Use High development areas by allowing the land use without a Conditional Use Permit.
Planning Commission: On January 17, 2024, the Planning Commission unanimously recommended City Council approval of the Zoning Code amendments, 7-0. There were no public comments. Non-substantive amendments were made after Planning Commission to move the Administrative Housing Permit procedure from Chapter 18.38 (Supplemental Use Regulations) to Chapter 18.62 (Administrative Review). Proposed amendments to Title 1 (Administration) were not considered by the Planning Commission because the Commission does not act as a recommending body for amendments to Title 1.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed ordinances are not subject to the California Environmental Quality Act (CEQA). For the Title 1 amendments, this determination is pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines contained in Title 14 of the California Code of Regulations because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. For the Title 18 amendments, this determination is pursuant to Section 15061(b)(3) of the State 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 Zoning Code requirements to reflect current market trends, the proposed adjustments and amendments will not have a significant effect on the environment. 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 2023/24 General Fund budget.
Annual Code Update
February 27, 2024
Respectfully submitted,
Ted White
Deputy City Manager/Director of Planning and Building
Attachments:
1. Ordinance - Title 1 (Administration)
2. Redline – Section 1.01.389
3. Ordinance - Title 18 (Zoning)
4. Ordinance (Redline) - Title 18 (Zoning)
5. Summary of Amendments