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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DAT
E: F EBRUARY 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
AT
TACHMENT (Y/N): YES ITEM # 27
G
OVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
T
hat the City Council, by Ordinance:
1) A m
end 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) A
mend 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:
I
n 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
DEV2023-00047
Annual Code Update
Summary of Amendments
Title 1
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
1 1.01 (Code Adoption and Construction) Community Preservation Officers: This amendment aims to protect Community Preservation Officers from any obstruction and interference, ensuring the effective and unhindered fulfillment of their responsibilities to enforce both the Anaheim Municipal Code and State laws. This amendment would establish misdemeanor charges for individuals intentionally resisting, delaying, obstructing, or interfering with the duties of a Community Preservation Officer. Additionally, it would allow Community Preservation Officers to request identification from individuals violating the code.
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
6 18.08 (Commercial Zones) Restaurants: This amendment would provide regulatory relief for Restaurant- General and Restaurant-Full Service pursuant to approval of a Minor Conditional Use Permit in the O-L (Low Intensity Office) and O-H (High Intensity Office) Zones instead of a Conditional Use Permit.
6, 7, 9, 10 18.08 (Commercial Zones)
18.14 (Public and Special-Purpose
Zones)
Dwellings in Commercial Zones: This amendment would provide consistency with State Law (Government Code Section 65905.5) that a proposed housing development is not inconsistent with the applicable zoning standards and criteria,
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
and shall not require a rezoning, if it is consistent with the general plan objective standards and criteria, but the zoning for the project site is inconsistent with the general plan. This amendment also implements State Law (Government Code Section 65860), which became applicable to Charter cities in 2018, and requires general plan and zoning consistency. Specifically, this amendment adds as a permitted use specified dwellings on properties with a Zoning designation of C-G (General Commercial) Zone, O-L (Low Intensity Office) Zone, and T (Transition) Zone in a manner consistent with their existing General Plan Land Use designation.
19, 37 18.38 (Supplemental Use Regulations)
18.62 (Administrative Review)
Residential Uses of Motels, Commercial and Office Structures:
This amendment would provide regulatory relief for affordable housing developments including:
• Removal of the maximum unit threshold and sunset provisions for Supportive Housing units.
• Allowance for the conversion of motels, commercial and office structures to Supportive, Transitional and Multiple-Family Housing for low-income persons in the C-G (General Commercial) and O-L (Low Intensity Office) Zones with an Administrative Housing Permit and not a Conditional Use Permit.
• Allowance for City Council to determine the location and distribution of Supportive Housing on a project-by-project basis through a memorandum of understanding, exclusive negotiation agreement, purchase and sale agreement or other similar document between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city.
• Consistency with federal housing programs by clarifying that studio units may exceed the one (1) person occupancy if required by federal housing programs.
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
• Clarification that any new construction must comply with the standards of the underlying zone.
• Reduction of the minimum square footage of a studio unit from 275 square feet to 250 square feet.
• Creates a procedure to permit the conversion of motels, commercial and office structures to Supportive, Transitional, and Multiple-Family Housing pursuant to an Administrative Housing Permit.
21, 38, 42 18.42 (Parking and Loading) Parking Requirements in Residential Zones: This amendment would prohibit parking and/or storage of box trucks or tractors on a residential property. 14, 15, 16 18.38 (Supplemental Use Regulations) Accessory Dwelling Units (ADU):
• This amendment clarifies that a roof eave/roof overhang for an ADU must be no closer than 12 inches to the property line. (Section 14) • This amendment would clarify a grammatical error that incorrectly references Junior ADUs instead of ADUs. (Section 14)
• This amendment would clarify that ADUs constructed within setbacks of the underlying zone must comply with additional privacy design guidelines to minimize privacy impacts onto adjacent properties. (Section 15) • This amendment would provide regulatory relief by allowing Accessory Living Quarters on properties with an existing ADU. (Section 16) 20 18.38 (Supplemental Use Regulations) Urban Lot Split and Two Unit Development: This amendment would require existing structures on lots greater than 7,200 square feet to provide a 4-foot setback from a newly created property line under an application for an Urban Lot Split.
25 18.44 (Signs) Coordinated Sign Program: This amendment would allow properties within the Mixed-Use Overlay Zone to be eligible for a Coordinated Sign Program.
Currently, this is limited to properties in the Platinum Triangle Mixed Use Overlay Zone and the Anaheim Canyon Specific Plan.
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
43, 44, 45,
46, 47
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
Beach Boulevard Specific Plan:
• Residential Land Uses: This adjustment would provide 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. Stand-alone residential uses on properties larger than 2.5 acres would continue to require a Conditional Use Permit. (Section 43)
• Encroachments: This adjustment would allow ground-floor residential patios to encroach into the setback abutting a public street within residential and mixed-use development areas. This would provide consistency with the vision of the Specific Plan to create a pedestrian- friendly street environment. (Section 44, 45, 46, 47)
1, 2, 3, 4,
5, 8, 11,
12, 13, 17,
19, 22, 23,
24, 26, 27,
28, 29, 30,
31, 32, 33,
34, 35, 36,
39, 40, 41,
42, 47
Chapter 18.04 (Single-Family
Residential Zones)
Chapter 18.06 (Multiple-Family
Residential Zones)
Chapter 18.10 (Industrial Zone)
Chapter 18.30 (Downtown Mixed Use
Overlay Zone)
18.38 (Supplemental Use Regulations)
Chapter 18.42 (Parking and Loading)
Chapter 18.44 (Signs)
Chapter 18.46 (Landscaping and
Screening)
Chapter 18.52 (Housing Incentives)
Chapter 18.92 (Definitions)
18.122 (Beach Boulevard Specific Plan
No. 2017-1 (SP 2017-1) Zoning and
Development Standards)
Grammatical Errors, Incorrect References and Internal Consistency: These amendments correct grammatical errors, update incorrect references and create internal consistency of terminology throughout the Zoning Code related to the following items:
• Structural Setbacks: This amendment would clarify the rear setback requirement for the RS-1 (Single-Family Residential) and would provide consistency with the lot coverage requirements. (Section 1, 3) • Patio Structures: This amendment would add a definition for patio structures and clarify that patio structures are not subject to lot coverage requirements. (Section 2, 41)
• Permitted Encroachments for Accessory Uses/Structures in Single-Family Residential Zones: This amendment adds a legend to Table 4-J which clarifies the letter ‘Y’ stands for ‘Yes’ and the letter ‘N’ stands for ‘No’. (Section 4)
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
• Height Limitations Near Single-Family Residential Zones: This amendment would update an incorrect reference to a code section. (Section 5)
• Restaurant General: This amendment would address a grammatical error by clarifying that Restaurants-General are permitted by-right in the Industrial Zone when part of an industrial complex of more than 5 units.
This is consistent with the special provision that exists for this land use. (Section 8)
• Definition -- Housing and Community Development: This amendment would update the name of the Department to be consistent throughout the Zoning Code. (Section 19, 29, 30, 31, 32, 33, 34, 35, 36, 40) • Definition -- Economic Development Department: This amendment would clarify the name of the Department to be consistent throughout the Zoning Code. (Section 11, 12, 13, 39)
• Definition -- Planning Department: This amendment would clarify the definition of The Planning Department to read “The Planning and Building Department of the City of Anaheim.” (Section 41)
• Parking in Residential Zones: This amendment would clarify that parking spaces, other than parking spaces tandem to a garage or in a circular driveway, must be located outside of the front and street setback. (Section 22)
• Beer and Wine Sales: This amendment would remove a duplicative operating condition that exists in the Zoning Code that limits sales of beer and wine to 35% of all retail sales during a 12-month period. This operating condition already exists in the license issued by the California Department of Alcoholic Beverage Control. (Section 17)
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
• Outdoor Storage: This amendment would clarify that gates for an outdoor storage yard with a material of chain link and interwoven slats is not permitted. (Section 18)
• Repair Services: This amendment would provide parking requirement consistency between Repair Services-General/Repair Services-Limited and Retail Sales-General. A previous annual code updated reduced the minimum parking requirement to 4 spaces per 1,000 square feet of GFA for a number of commercial uses but inadvertently did not include repair services land uses. (Section 23)
• Off-Site Shared Parking: This amendment would provide consistency with State Law (Assembly Bill 894) by allowing for a parking demand study or a parking justification letter to determine the availability of parking to be shared with an off-site use on parcels with underutilized parking. (Section 24)
• Temporary Signs-Special Event Permit: This amendment would revise an incorrect reference for signage regulations for special events. (Section 26) • Required Landscaping-Trees: This amendment would clarify the number of required trees in the front/street setback is based on the lineal frontage of landscape planters rather than the lot frontage. (Section 27) • Screening, Fences, Walls and Hedges: This amendment would clarify the language in a special provision that fences in Industrial Zones may be six feet in height at the back of the minimum landscape setback when the fence is decorative and landscaped wrought iron. (Section 28) • Screening, Fences, Walls and Hedges: This amendment would clarify that properties which have implemented the Mixed-Use land use designation are subject to the same fencing/wall/hedge requirements as commercial properties. (Section 28)
Title 18
Ordinance
Section
Municipal Code Chapter(s) Description/Analysis
• Screening, Fences, Walls and Hedges: This amendment would clarify that electric fences are permitted in the Industrial Zone if they are not visible to the public right-of-way. (Section 28)
• Minimum Lot Area: This amendment would clarify the minimum lot area in the Mixed-Use High development area. (Section 47)