1 ATTACHMENT NO. 2
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES);
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 (DOWNTOWN MIXED USE (DMU) OVERLAY
ZONE); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE
REGULATIONS); 18.40 (GENERAL DEVELOPMENT
STANDARDS); 18.42 (PARKING AND LOADING); 18.44
(SIGNS); 18.46 (LANDSCAPING AND SCREENING); 18.52
(HOUSING INCENTIVES); 18.56 (NONCONFORMITIES) 18.60
(PROCEDURES); 18.62 (ADMINISTRATIVE REVIEWS); 18.68
(GENERAL PLAN AMENDMENTS); 18.70 (FINAL PLAN
REVIEWS); 18.92 (DEFINITIONS); 18.108 (FESTIVAL
SPECIFIC PLAN NO. 90-1 (SP 90-1) ZONING AND
DEVELOPMENT STANDARDS); 18.110 (EAST CENTER
STREET DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SP 90-2)
ZONING AND DEVELOPMENT STANDARDS); 18.114
(DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)
ZONING AND DEVELOPMENT STANDARDS); 18.116
(ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2)
ZONING AND DEVELOPMENT STANDARDS); 18.118
(HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (SP 93-1) ZONING
AND DEVELOPMENT STANDARDS); 18.120 (ANAHEIM
CANYON SPECIFIC PLAN NO. 2015-1 (SP 2015-1) ZONING
AND DEVELOPMENT STANDARDS); AND 18.122 (BEACH
BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1)
ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE;
ADJUSTMENT NO. 9 TO THE FESTIVAL SPECIFIC PLAN NO.
90-1 (SP 90-1) ZONING AND DEVELOPMENT STANDARDS;
ADJUSTMENT NO. 4 TO THE EAST CENTER STREET
DEVELOPMENT SPECIFIC PLAN NO. 90-2 (SP 90-2) ZONING
AND DEVELOPMENT STANDARDS; ADJUSTMENT NO. 16
TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP
92-1) ZONING AND DEVELOPMENT STANDARDS;
ADJUSTMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC
PLAN NO. 92-2 (SP 92-2) ZONING AND DEVELOPMENT
STANDARDS; ADJUSTMENT NO. 12 TO THE HOTEL CIRCLE
SPECIFIC PLAN NO. 93-1 (SP 93-1) ZONING AND
DEVELOPMENT STANDARDS; ADJUSTMENT NO. 15 TO
THE ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1 (SP
2015-1) ZONING AND DEVELOPMENT STANDARDS; AND
ADJUSTMENT NO. 9 TO THE BEACH BOULEVARD
2 SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND
DEVELOPMENT STANDARDS; AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT
TO THE REQUIREMENTS TO PREPARE ADDITIONAL
ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15061(B)(3) BECAUSE IT WILL NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT
DEVELOPMENT APPLICATION NO. 2024-00050
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), because the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, amend Zoning Code requirements to reflect recent State Law changes to existing regulations, and current market trends, thus the proposed amendments and adjustments will not have a significant effect on the environment; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Table 4-J (Permitted Encroachments For Accessory Uses/Structures:
Single-Family Residential Zones) of Section 18.04.100 (Structural Setbacks) of Chapter 18.04 (Single-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for sheds, as follows:
3 SECTION 2. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Veterinary Services, as follows:
C- NC C-R C-G O-L O-H Special Provisions
Non-Residential Classes of Uses
Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional
Use Permit is required.
Permitted without a
conditional use permit
when conducted entirely
indoors subject to
§ 18.38.270
RH- RS-
1 2 3 1 2 3 4
Accessory
Use/Structure
Permitted Encroachment Special Provisions
Front N N N N N N N
Side Y Y Y Y Y Y Y
Rear Y Y Y Y Y Y Y
Side N N N N N N N
Sheds
Rear N N N N N N N
Sheds 120 square
feet or less and up
to 810 feet in
height can
encroach into a
side and rear yard
setback.
Sheds between 121
- 200 square feet
and max 810 feet
in height require a
minimum 5-foot
side and rear yard
setback.
Encroachments
facing adjacent
public or private
streets and alleys,
or adjacent to
vacant lots, shall be
planted and
maintained with
clinging vines in
order to deter
grafitti.graffiti.
4 SECTION 3. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Veterinary Services, as follows:
I Special Provisions
Non-Residential Classes of Uses
Veterinary Services P/C Subject to § 18.38.270 Permitted without a conditional use permit when
conducted entirely indoors subject to
§ 18.38.270
SECTION 4. That Table 14-A (Primary Uses: Public and Special-Purpose Zones) of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Veterinary Services, as follows:
Table 14-A
PRIMARY USES: PUBLIC AND
SPECIAL-PURPOSE ZONES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use
Permit Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
OS PR SP T Special Provisions
Non-Residential Classes of Uses
Veterinary Services N N N P/C Permitted without a conditional use permit when conducted
entirely indoors subject to
§ 18.38.270
SECTION 5. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Veterinary Services, as follows:
PTMU GF Special Provisions
Non-Residential Classes of Uses
Veterinary Services P/C Subject to 18.38.270; otherwise, a conditional use permit is
required. Permitted without a
conditional use permit when
conducted entirely indoors
subject to § 18.38.270
5 SECTION 6. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Veterinary Services, as follows:
DMU Special Provisions
Non-Residential Classes of Uses
Veterinary Services P/C Subject to 18.38.270; otherwise, a conditional use permit is required Permitted without a
conditional use permit when conducted
entirely indoors subject to § 18.38.270
SECTION 7. That Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.010 Final Plan Approval Required. No grading permit or building permit for a planned mixed use development shall be issued prior to final plan approval by the Planning Director Planning Commission, as set forth in this section, unless expressly exempted by subsection 050.
Construction for such development may commence only after the Planning Director finds that the project is in compliance with the regulations, applicable policies and guidelines of the (DMU) Overlay Zone, and the approved final plan, if applicable. .020 Actions Prior to Grading Permit. Prior to issuance of a grading permit for a planned mixed use development, final plans shall be prepared and submitted to the Planning Department as provided herein.
.0201 Final plans shall include, but not be limited to, the following:
.01 Site plans;
.02 Preliminary landscape plans;
.03 Parking, pedestrian and vehicle circulation plans, including access to adjoining public rights-of-way; and
.04 Such other plans and information as may be required at this time by the Planning Director.and/or the Planning Commission.
.0202 The final plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning DirectorPlanning Commission as set forth by Section 18.70.030 (Review Authority).a “Reports and Recommendations” item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department.
.0203 If the final plans are found to be in conformance with the provisions of this chapter, they shall be approved. The Planning Commission’s decision shall be final, unless appealed to the City Council within ten (10) days from the date of such decision. 6 .030 Actions Prior to Building Permit. Prior to issuance of a building permit for a Planned Mixed Use Development, final plans shall be prepared and submitted to the Planning and Building Department as provided herein.
.0301 Final plans shall include, but not be limited to, the following:
.01 Site plans;
.02 Floor plans;
.03 Elevations;
.04 Roof- and ground-mounted equipment plans;
.05 Sign plans;
.06 Landscape plans;
.07 Fence and wall plans;
.08 Parking, pedestrian and vehicle circulation plans, including access to adjoining public rights-of-way;
.09 Exterior lighting plans;
.10 Line-of-site drawings; and
.11 Such other plans and information as may be required by the Planning Director.and/or the Planning Commission.
.0302 The final plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning & Building DirectorPlanning Commission as set forth by Section 18.70.030 (Review Authority).a “Reports and Recommendations” item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department.
.0303 If the final plans are found to be in conformance with the provisions of this chapter, they shall be approved. The Planning Commission’s decision shall be final, unless appealed to the City Council within ten (10) days from the date of such decision. .040 Final Plan Exemptions. The following are exempt from the final plan review and approval process:
.0401 Interior building alterations, modifications or improvements that do not result in an increase to the gross square footage of the building, and that do not increase the parking requirements.
.0402 Minor building additions or improvements to, or at the rear of, a building or development complex that are not visible to public rights-of-way; do not exceed five percent (5%) of the gross square footage of the existing buildings, or one thousand (1,000) square feet, whichever is less, and that do not increase the parking requirements. 7 .0403 Landscape improvements or modifications that are not in connection with building modifications that require final plan review and approval. .050 Planning and Building Department Review of Exemptions. Plans for projects which are exempt from final plan review pursuant to subsection .040 shall be submitted to the Planning & Building DepartmentPlanning Director, for a determination of conformance with the provisions of this chapter, prior to issuance of a building permit or approval of landscaping plans.
.060 Environmental Review. Notwithstanding any other provision of this chapter, final plan review by the Planning Commission shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleared, on a project-specific level, by the Environmental Impact Reports for the Disposition and Development Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center Associates, Resolutions 90R-13 and ARA 90-1, adopted January 9, 1990, Subsequent Environmental Impact Report for Parcels 8 and 9 by Agency Resolution ARA-83-84, adopted November 8, 1983, Supplemental Environmental Impact Report for Project Alpha, Parcel 10 by Agency Resolution ARA-83-85, adopted September 6, 1983, and Final Subsequent Environmental Impact Report for the Second Amendment to the Redevelopment Plan for Project Alpha by Agency Resolution ARA 76-38, adopted November 23, 1976, and/or other final environmental documentation for projects in the (DMU) Overlay Zone. If prior environmental documentation is not adequate to environmentally clear the proposed use or project, an initial study shall be prepared, and any necessary further environmental review and mitigation shall be provided, pursuant to the procedures outlined for subsequent projects under a master environmental impact report in the California Public Resources Code Section 21157.1.
.070 Appeal of Planning Commission Action. An appeal shall be processed in the same manner as appeals for decisions regarding reclassifications, conditional use permits and variances, as set forth in Chapter 18.60 (Procedures), except that the appeal period shall be ten (10) days.
.060.080 Development Review and Permits. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (DMU) Overlay Zone, all building and site plans shall be subject to design review by the Economic Development Department, as well as review by the Building Division. The Economic Development Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the (DMU) Overlay Zone. The Economic Development Department will make recommendations regarding project design to the Planning Director Commission, for consideration in connection with the Planning and Building Director Commission’s decision.on the final plan review or conditional use permit. .070.090 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including irrigation facilities and landscaping within the parkway area (the area within the ultimate street right-of-way, as described in the Circulation Element of the Anaheim General Plan), shall be shown on a site plan, drawn to scale, and shall be subject to review and approval by the Planning and Building Department prior to installation. Such plans shall be consistent with the approved final plans.
8 SECTION 8. That Section 18.30.180 (Design Guidelines) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Design guidelines for planned mixed use developments are necessary to preserve the community health, safety and general welfare; promote developments that combine residential with non-residential uses; create an active street life; encourage pedestrian activity; ensure that the appearance of buildings, improvements and uses are harmonious with the character of the area in which they are located; and promote the safe and efficient circulation of pedestrian and vehicular traffic. Innovative project design, particularly involving in-fill development and reuse of existing structures, is encouraged. The Planning Director Commission and/or City Council may deviate from the design guidelines, based on existing lot, site or building configuration, compatibility of adjacent uses, and the inclusion of pedestrian-oriented space or amenities along the street side. The guidelines will be applied and evaluated, on a case-by-case basis, during the design review process for the final plan review. The guidelines are intended as basic principles for achieving high-quality planned mixed use developments within the downtown area, and shall be adopted by resolution of the Planning Commission and/or City Council.
SECTION 9. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section
18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated as follows:
Non-Residential Classes of Uses
DMU Special Provisions
Veterinary Services P/C Subject to 18.38.270; otherwise, a conditional use permit is required Permitted without a
conditional use permit when conducted
entirely indoors subject to § 18.38.270
SECTION 10. That Subsection .010 (“A” Uses Classes) of Section 18.36.040 (Non- Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
Automotive–Sales Agency Office (Retail). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used or new motor vehicles for sale at retail (including internet sales) but who does not offer used or new motor vehicles for sale at wholesale. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and shall also have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the 9 business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site). This use class includes "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code.
Automotive–Sales Agency Office (Wholesale). This use class consists of offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used or new motor vehicles at wholesale (including internet sales) and who do not sell motor vehicles at retail, or who is a wholesaler involved for profit only in the sale of motor vehicles between licensed dealers. The terms "dealer" and "brokering" are defined in Sections 285 and 232.5, respectively, of the California Vehicle Code. The term "used motor vehicles" includes all vehicles that have been driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer. This land use shall have an office devoted exclusively to and occupied for the office of the dealer and may have an area of such size peculiar to the type of license issued by the California Department of Motor Vehicles for the display, parking or storage of any vehicle being held as inventory at the premises where the business or establishment is or may be transacted or within any portion of the legal property upon which the premises is located (i.e., on-site); but the display, parking or storage of any vehicle being held as inventory on-site is not required. This use class includes an "autobroker" or "auto buying service", as defined in Section 166 of the California Vehicle Code, that does not sell motor vehicles at retail.
SECTION 11. That Subsection .150 (“O” Use Classes) of Section 18.36.040 (Non- Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
Offices–General. This use class consists of offices of firms or organizations providing professional, executive, management or administrative services that require periodic contacts with clients, but not significant walk-in contact with the public, and are not included in another use classification. This classification excludes home offices that meet the criteria for home occupations. Typical uses include administrative offices, and consulting firms, and non- medical related therapy offices. Examples of non-medical therapy offices include, but are not limited to, one-on-one or family counseling sessions with a therapist, psychologist, or counselor, hypnotherapy, biofeedback therapy, and dietary counseling. No medicine or prescriptions can be provided or filled at any non-medical therapy office.
SECTION 12. That Subsection .020 (Multiple-Family Zones) of Section 18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units- Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.020 Multiple-Family Zones. For development of Accessory Dwelling Units in zones that allow multiple-family dwellings and properties developed with multiple-family dwellings, the provisions of Government Code Section 66310-66342 65852.2 shall apply as the same may be amended from time to time:
.0201 A local agency shall allow at least one Accessory Dwelling Unit within an existing multiple-family dwelling and shall allow up to 25 percent of the existing multiple-family dwelling units. and;
10 .0202 Not more than two Accessory Dwelling Units that are located on a lot that has a an existing or proposed multiple-family dwelling, but are detached from that the proposed multiple-family dwelling and are subject to a height limit of 18 feet plus additional two feet for a roof pitch and four-foot rear yard and side setbacks. .0203 On a lot with an existing multi-family dwelling; not more than eight (8) detached Accessory Dwelling Units are permitted subject to a height of 18 feet plus additional two feet for a roof pitch and four-foot rear and side yard setbacks. However, the number of ADUs allowable pursuant to this provision shall not exceed the number of existing multiple-family units on the lot. .0204 Required recreation leisure space may be converted into an Accessory Dwelling Unit, only if required to permit an ADU no larger than 800 square feet unless the minimum required recreation leisure square footage will be provided following the conversion of the space to an ADU. The conversion of recreation leisure space within an existing multi-family development would count towards the maximum ADUs allowed by Subsection .0201 or .0203 as applicable.
.0205 Applicable provisions of Sections 18.38.015.070 (Design), 18.38.015.080 (Parking), and 18.38.015.090 (Historic Buildings) shall apply to all Multiple-Family ADUs.
SECTION 13. That Subsection .140 (Conversion of Existing Structures) of Section
18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units-Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and added to read as follows:
.1403 When a garage, carport, covered parking structure, or uncovered parking space is demolished directly in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit only, no replacement of the off-street parking is required.
SECTION 14. That Subsection .160 (Interpretation by Planning Commission) of Section
18.38.015 (Accessory Dwelling Units and Accessory Dwelling Units-Junior) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.160 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission consistent with Section 18.60.135 as a "Reports and Recommendations" item, and determined by resolution.
SECTION 15. That new Subsection .220 (Food Trucks and Trailers) of Section 18.38.025 (Alcoholic Beverage Manufacturing) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and added to read as follows:
11 .220 Food sales from vehicles are permitted as a temporary use on a site with an alcoholic beverage manufacturing tasting/tap room use and must be located on private property. .2101 Operational requirements.
(i) Food sales from vehicles shall be subject to the operational requirements in 14.32.310 except as otherwise provided herein.
(ii) Food sales from vehicles may not block required fire lanes or parking drive aisles.
(iii) All food sales from vehicles must maintain an active business license with the City of Anaheim and possess any applicable licenses and permissions by the Orange County Health Care Agency Permit.
(iv) No outside or additional seating shall be provided for other than what is approved for the tap/tasting room.
(v)Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending. (vi) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public or private property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator, unless permission from an alcoholic beverage manufacturer is granted to use waste receptacles under the control of the alcoholic beverage manufacturer. (vii) All requirements for water quality, as well as the treatment of fats, oils, and grease, must be strictly adhered to.
(viii) Food sales from vehicles shall not have music or other amplified sound.
(ix) When food sales from vehicles are located within 150 feet from a residential use, all sales must cease by 9:00 p.m., and the vehicle must vacate the premise by 10:00 p.m. The Planning Director may establish or modify hours of operation for food sales from vehicles associated with an alcoholic beverage manufacturing business when the tasting or tap room, outdoor patio, or vehicle is located within 150 feet of any residential use. (x) When food sales from vehicles are located within 150 feet of a residential use, generator may not be used and the vehicle must connect to a power source directly from the alcoholic beverage manufacturing facility.
(xi) Unless a food sales vehicle is owned and operated by the alcoholic beverage manufacturer onsite and permitted to do so by the Orange County Health Care Agency, no food sales vehicle shall be permitted to be parked overnight at any alcoholic beverage manufacturer.
12 SECTION 16. That Subsection .100 (Removal) of Section 18.38.060 (Antennas - Telecommunication) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.1001 Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after a provider is no longer using a facility/site the discontinuation of use, except as otherwise provided by law. A wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The wireless communication provider shall send to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
SECTION 17. That Section 18.38.115 (Commercial Centers) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
All commercial centers shall comply with the provisions of this section. .010 All commercial centers shall adhere to the following operating conditions. .0101 That all trash generated from this commercial retail center shall be properly contained in trash bins with lids closed at all times located within approved trash enclosures and maintained clean at all times. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. .0102 That wheel stops shall be properly maintained at all times. .0103 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. .0104 No outdoor storage/donation bins shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance.
.0105 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. .020 All new commercial centers or new construction within an existing commercial center shall incorporate the following requirements into the development of the center. 13 .0201 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
.0202 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
.0203 That an on-site trash truck turn-around area shall be provided per City Standard and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
.0204 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. .0205 That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission consistent with Section 18.60.135. as a “Reports and Recommendations” item.
.0206 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti. .0207 Each different unit within the shopping center shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. The address numbers shall be positioned so as to be readily readable from the street and shall be illuminated during hours of darkness.
.0208 That prior to final building and zoning inspection, the applicant shall:
.01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
.02 Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP.
14 .03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
.04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
.0209 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
.0210 That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director.
.0211 That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernible the appearance and conduct of all person on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence.
SECTION 18. That Section 18.38.190 (Outdoor Displays) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
This section applies to outdoor displays used in conjunction with home-improvement stores and Markets-Large. A site plan proposing any outdoor display areas shall be submitted to the Planning Director for review and approval. The Planning Director may modify any of the following standards, if the applicant can demonstrate that the intent of the standard is satisfied without adverse impacts on adjacent uses or public streets. .010 Home-Improvement Store Outdoor Display Requirements .0101 Markets utilizing these requirements for outdoor display must meet the definition of Markets-Large. The interior size of the home-improvement store utilizing these requirements for outdoor display shall be one hundred thousand (100,000) square feet or larger.
.0200102 The display area(s) shall be contained within an area or areas designed for an outdoor display.
.0300103 The sales transaction shall take place within the enclosed building. 15 .0400104 The display area(s) shall not be located in a parking or pedestrian accessway.
.0500105 All portable materials may only be displayed during business hours.
.0600106 No signage, in addition to that allowed by Chapter 18.44 (Signs), that is visible from a public right-of-way shall be allowed. .0700107 All portions of the display area(s) shall be located at least two hundred (200) feet from any public right-of-way.
.0800108 The display area(s) shall be located no further than thirty (30) feet from the main building. (Ord. 5920 § 1 (part); June 8, 2004.) .0109 No alcohol or tobacco related products may be displayed or advertised in the outdoor display area(s).
.0110 All display area(s) shall be maintained free if trash or debris.
SECTION 19. That Section 18.38.205 (Plant Nurseries) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Plant Nurseries, as follows:
.0213 Any structure proposed for the nursery shall be designed to contain architectural elements typically incorporated into a retail building. Use of temporary trailers or modular structures is not permitted unless such structure is modified to appear like a permanent retail building. Elevation plans for any proposed structures shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits. Any decision by staff may be appealed to the Planning Commission consistent with Section 18.60.135. as a “Reports and Recommendations” item.
SECTION 20. That Subsection .080 (Application for Permit) of Section 18.38.240 (Special Events – Carnivals and Circuses) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be renumbered to .085, and the same is hereby, amended and restated to read as follows:
.0805 Application for Permit. An application for a special event permit shall be filed on a form approved by the Planning Director and shall be filed with the Planning Department prior to the day of the event. The application shall be filed with the Planning Department not less than fourteen (14) days prior to the opening date of any such event involving rides, games, booths, or similar amusement devices. An application for a permit involving only the display of any temporary signs, flags, banners, fixed balloons, trailers, Christmas tree lot or pumpkin patch or outdoor sales promotion shall be filed with the Planning Department at any time prior to said display.
SECTION 21. That Subsection .090 (Interpretation by Planning Commission) of Section
18.38.255 (Two-Unit Development and Urban Lot Split) of Chapter 18.38 (Supplemental Use 16 Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.090 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission consistent with Section 18.60.135. as a “Reports and Recommendations” item, and determined by resolution.
SECTION 22. That Subsection .040 (Lot Frontage) of Section 18.40.020 (Building Site Requirements) of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.040 Lot Frontage. Every lot shall have frontage on a public street, or alley unless otherwise specified by the underlying zone. a public or private street or other recorded vehicular accessway., or alley unless otherwise specified by the underlying zone.
SECTION 23. That Subsection .030 (Lighting of Parking Areas) of Section 18.42.090 (Parking Lot Improvements and Landscaping) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.030 Lighting of Parking Areas.
.0301 All improved parking areas shall be provided with a minimum lighting measurement of one (1) foot-candle, with a minimum 15:1 uniformity ratio across the parking areas.
.0302 Any lights provided to illuminate parking areas within 500 feet of adjoining residential premises shall be so arranged and directed as to reflect the light away from the adjoining residential premises and shall not exceed a height of twelve (12) feet. The City may require adjustments to the light fixture shielding at the time of final inspection to satisfy this requirement.
.0303 Light poles may exceed the 12-foot height limitation within 500 feet of a residential premises, up to a maximum height of thirty (30) feet, if approved by the Planning Director, provided if the applicant provides a photometric plan that shows, with the proposed light fixture, there will be no increase in illumination at the property line shared by the residential premises.
SECTION 24. That Section 18.44.030 (Definitions) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated as follows:
.170 "Flashing Sign" means any signs or lights which is are designed to intermittently blink on and off, or which creates the illusion of blinking on and off, or which contains running, traveling, animating lights upon the sign structure or within the sign area; such 17 term shall not include time and temperature displays, other electronic readerboard or electronic message board signs.
SECTION 25. That Section 18.44.035 (Prohibited Signs) of Chapter 18.44 (Signs) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.040 Flashing or blinking signs or lights that have moving parts or parts so devised that the signs appear to move or to be animated, and that blink, flash or emit a varying intensity of color or light which could cause glare, momentary blindness or other annoyance, disability or discomfort to persons on surrounding properties or driving by.
SECTION 26. That Table 46-B (Permitted Fences and Walls) of Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
Table 46-B
Permitted Fences and Walls
Zones
Single-
Family
Residential
Multiple-
Family
Residential
Commercial Industrial Public
and
Special-
Purpose
Special
Provisions
Within Required Side, Rear, or Interior Setbacks
All fencing permitted within required front or street setback also allowed in side, rear or interior setbacks in all zones
Additional Fencing:
Maximum
Height
68 feet (1) 68 feet (1) 68 feet (1) 68 feet
(1)
68 feet
(1)
(1) Any
wall or
fence
greater
than
seven
(7) feet
in
height
will
require
a
building
permit.
8 feet required
18 Table 46-B
Permitted Fences and Walls
Zones
Single-
Family
Residential
Multiple-
Family
Residential
Commercial Industrial Public
and
Special-
Purpose
Special
Provisions
if residence
abuts non-
residential use
SECTION 27. That Chapter 18.52 (Housing Incentives) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Chapter 18.52 Affordable Housing
.010 The purpose of this chapter is to provide Incentives to facilitate the development of rental and for-sale housing in accordance with Section 65915 et seq. of the California Government Code, as the same may be amended from time to time, and to achieve the goals, objectives, and policies of the Housing Element of the General Plan. .020 Density Bonus and Other Incentives shall be consistent with Section 65915 et seq. of the California Government Code, as the same may be amended from time to time. .030 Affordable housing shall be provided pursuant to Chapter 17.40 (Inclusionary Housing).
18.52.020 DEFINITIONS.
For purposes of this chapter, the following words, terms and phrases shall have the meanings indicated below:
.010 "Affordable Housing Cost." An Affordable Housing Cost as defined in Section 50052.5 of the California Health and Safety Code.
.020 "Affordable Rent." An Affordable Rent as defined by Section 50053 of the California Health and Safety Code. In the event, a project receives state and/or federal funding; the Affordable Rents under those funding sources may apply, as approved by the Executive Director of the Housing and Community Development Department. .030 "Affordable Rental Housing Development." A Housing Development that meets the requirements of Section 18.52.080 (Affordable Rental Housing Development). .040 "Affordable Unit." A dwelling unit subject to the provisions of this chapter that will be reserved for sale or rent to, and is made available at an Affordable Rent or Affordable Housing Cost.
.050 "Childcare Facility." A Childcare Facility as defined in Section 65915(h)(4) of the California Government Code.
.060 "Common Interest Development." A Common Interest Development as defined in Section 4100 of the California Civil Code including, but not limited to, condominiums. 19 .070 "Density Bonus." A density increase over the otherwise maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentages set forth in Sections
18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.070 (Childcare Facilities) and 18.52.080 (Affordable Rental Housing Development).
.080 "Housing Incentives Application." A formal application for a Density Bonus, Incentive and/or Reduced Parking Ratio made pursuant to this Chapter 18.52 (Housing Incentives) and in accordance with the provisions of Section 18.52.110 (Application Review). .090 "Housing Incentives Agreement." An unsubordinated legally binding agreement in form and substance satisfactory to the City, between the applicant and the City that complies with the requirements of this chapter and ensures that the restrictions required by this chapter are satisfied.
.100 "Housing Incentives Memorandum." A written acknowledgement of the basic terms of the Housing Incentives Agreement, including but not limited to the number of Affordable Units required under this chapter as well as the unit type and Affordable Rent schedule or Affordable Housing Cost as applicable for such units. .110 "Density Bonus Units." Residential units granted pursuant to the provisions of this chapter that exceed the otherwise Maximum Allowable Residential Density for the development site.
.120 "Development Standard." The development standards included in California Government Code Section 65915(o)(1).
.130 "Disabled Veteran." Persons defined in Section 18541of the California Government Code.
.140 "General Density Bonus." A Density Bonus that meets the requirements of Section 18.52.040 (General Density Bonus) of this chapter. .150 "Homeless Persons." Persons as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
.160 "Housing Development." A Housing Development as defined in California Government Code Section 65915(i).
.170 "Incentive." A modification to Development Standards in Title 18 (Zoning) that contributes significantly to the economic feasibility of the construction of a Housing Development with Affordable Units and/or a Childcare Facility. .180 "Irregular Lot." Land that is a legal lot of record, but does not meet the minimum lot size, street frontage or dimensions required by Title 18 (Zoning). .185 `"Located within one-half mile of a Major Transit Stop." Any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to section
18.52.100, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
.190 "Lot with Multiple Street Frontages." Land that is a legal lot of record with two or more frontages along a public street or alley.
.200 "Lower Income Households." Households of lower income as defined in Section 50079.5 of the California Health and Safety Code.
.210 "Low Income Households." Households of low income as defined in Section 50093 of the California Health and Safety Code.
20 .220 "Lower Income Students." Students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Section 69432.7 of the California Education Code. The eligibility of a student under this income level shall be verified as specified in Section 65915(b)(1)(F)(II) of the California Government Code.
.230 "Major Transit Stop." A transit stop as defined in Section 21064.3 of the California Public Resources Code and shall also include major transit stops that are included in the applicable regional transportation plan.
.240 "Maximum Allowable Residential Density." The maximum density allowed according to the site's zoning or general plan land use designation, whichever is greater. .250 "Moderate Income Households." Households of moderate income as defined in Section 50093 of the California Health and Safety Code. .260 "Parking Ratio." The minimum number of parking spaces required in accordance with the provisions of Section 18.52.100 (Parking Ratios). .270 "Professional Management." An apartment management company that has sufficient experience, organizational stability and capacity to manage the Housing Development. .280 "Senior Citizen Housing Development." A Housing Development for senior citizens as defined in Sections 51.3 of the California Civil Code or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.
.290 "Specialized Housing Development." A Housing Development for Transitional Foster Youth, Disabled Veterans, or Homeless Persons.
.300 "Transitional Foster Youth." Persons defined in Section 66025.9 of the California Education Code.
.310 "Very Low Income Households." Households of very low income as defined in Section 50105 of the California Health and Safety Code. (Ord. 5920 § 1 (part); June 8, 2004:
Ord. 6041 § 1 (part), November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 §§ 52, 53; April 4, 2023: Ord. 6570 § 29; March 19, 2024.)
18.52.030 APPLICABILITY.
.010 Locations. This chapter shall apply citywide.
.020 Applicable Requests. The City shall grant a Density Bonus, Incentive and/or Reduced Parking Ratio request(s) when the applicant meets the requirements of this chapter, unless written findings are made in accordance with the provisions of Section 18.52.120 (Findings).
.030 General Requirements. All requests pursuant to this chapter shall be processed pursuant to Section 18.52.110 (Application Review).
.040 Additional Affordability Requirements. Any affordability requirements identified in this chapter shall be in addition to the requirements of Chapter 18.50 (Senior Citizens' Apartment Projects).
.050 Direct Financial Incentives. This chapter does not limit or require the provision of direct financial incentives for any proposed development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008:
Ord. 6116 § 12; October 14, 2008: Ord. 6489 § 1 (part); July 14, 2020.) 21 18.52.040 GENERAL DENSITY BONUS.
.010 General. A Housing Development requesting a General Density Bonus, Incentives and/or a Reduced Parking Ratios shall comply with the following requirements:
.0101 Minimum Project Size. The Housing Development, without the Density Bonus, shall be a minimum of five (5) units.
.0102 Construction of Affordable Units. Affordable Units shall be constructed concurrently with other units unless both the City and the applicant agree within the Housing Incentives Agreement to an alternative schedule for development. .0103 Rental Housing
.01 Length of Affordability. Affordable Units for Low and Very Low Income Households shall remain restricted to an Affordable Rent for a period of fifty five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or pursuant to the requirements for an Affordable Rental Housing Development as specified in Section 18.52.080 (Affordable Rental Housing Development).
.02 Rents. Rents for the lower-income Density Bonus Units shall be set at an Affordable Rent except as provided in Subsection 18.52.040.030.0308 of this section. .03 Professional Management. The Housing Incentive Agreement for all rental Housing Development shall include a requirement for Professional Management to provide for the continued maintenance of the property, including, but not limited to the following:
(a) For any Housing Development with 16 or more units, a full-time, on-site resident manager shall be exclusively employed to manage the Housing Development.
(b) Professional Management shall monitor the use of parking spaces within the Housing Development to ensure that parking spaces are available, maintained and used in accordance with the terms of the Housing Incentive Agreement. (c) Professional Management shall ensure that the Housing Development is maintained in a manner that is consistent with the standards of the Anaheim Municipal Code.
(d) Professional Management shall ensure that first priority is given to people who live or work in the City during the tenant selection process in accordance with the terms of the Housing Incentive Agreement.
.0104 For-Sale Housing. An applicant for a Common Interest Development that includes a Density Bonus shall ensure that the initial occupant of the Affordable Units are persons and families of very low, low, or moderate income, as required, and that the Affordable Units are offered at an Affordable Housing Cost. The City shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law.
The following shall apply to the equity-sharing agreement:
.01 Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller' proportionate share of appreciation. The local government shall recapture any initial subsidy, if applicable, and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Section 33334.2(e) of the California Health and Safety Code that promote homeownership. .02 The city's initial subsidy, if applicable, shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the Very Low Income Households, Low Income Household or Moderate Income Households, as applicable, plus the amount of any down payment assistance or mortgage assistance. If upon resale the 22 market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
.03 The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy, if any, to the fair market value of the home at the time of initial sale. .04 The Housing Incentives Agreement shall include the provisions required by Section 65916 of the California Government Code. .020 Density Bonus Calculations. A Density Bonus shall be calculated as follows:
.0201 Percentage. The percentage of Affordable Units is the number of Affordable Units divided by the total number of units in the Housing Development (without including any Density Bonus Units granted pursuant to this chapter). .0202 Number of Density Bonus Units. The number of units granted by the Density Bonus is the applicable percentage set forth in Section 18.52.040.030 multiplied by the total number of units in the Housing Development (without a Density Bonus). .0203 Fractional Units. All Density Bonus calculations resulting in fractional units shall be rounded up to the next whole number.
.030 Types of Affordable Units. The City shall approve a Density Bonus and provide Incentives and/or a Reduced Parking Ratios, as described in this chapter, when an applicant for a Housing Development seeks and agrees to construct a Housing Development that will contain at least one of the following:
.0301 Very Low Income. A Housing Development in which at least five percent (5%) of the total units of the Housing Development are Affordable Units to Very Low Income Households, shall be eligible for a Density Bonus as shown in Table 52-A (Very Low Income Density Bonus).
Table 52-A
VERY LOW INCOME DENSITY BONUS
Percentage Very Low Income
Units
Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
.0302 Lower Income. A Housing Development in which at least ten percent (10%) of the total units of the Housing Development are Affordable Units to Lower Income Households, shall be eligible for a Density Bonus as shown in Table 52-B (Lower Income Density Bonus).
Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income Units Percentage Density Bonus 10 20
11 21.5
23 Table 52-B
LOWER INCOME DENSITY BONUS
Percentage Lower Income Units Percentage Density Bonus 12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
.0303 Moderate Income. A Common Interest Development in which at least ten percent (10%) of the total units are Affordable Units to Moderate Income Households, provided that all units in the development are offered to the public for purchase, shall be eligible for a Density Bonus as shown in Table 52-C (Moderate Income Density Bonus). Rental Housing Developments targeted for Moderate Income Households are not eligible for a Density Bonus.
Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Income
Units
Percentage Density Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
24 Table 52-C
MODERATE INCOME DENSITY BONUS
Percentage Moderate Income
Units
Percentage Density Bonus
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
.0304 Senior Citizen Housing Development. A Senior Citizen Housing Development shall be eligible for a twenty percent (20%) Density Bonus, unless otherwise prohibited by state and/or federal law.
.0305 Specialized Housing Developments. A Housing Development for Transitional Foster Youth, Disabled Veterans, or Homeless Persons, in which at least ten percent (10%) of the total units are provided at the same affordability level as very low income units shall be eligible for a twenty percent (20%) Density Bonus. Such Housing Developments shall be subject to a recorded affordability restriction of 55 years, .0306 Student Housing Developments. A Housing Development in which at least twenty percent (20%) of the total units are for Lower Income Students shall be eligible for a thirty-five percent (35%) Density Bonus, if all of the following requirements are met:
.01 The term "unit" as used in this subsection shall mean one (1) rental bed and its pro rata share of associated common area facilities. The units described in this subsection shall be subject to a recorded affordability restriction of 55 years or longer pursuant to any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
.02 All units in the student Housing Development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. As a condition of receiving a certificate of occupancy, the developer shall provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institution(s) of higher education, demonstrating that all units of the student Housing Development will be occupied with students from that institution(s). If, in any subsequent year, there are not sufficient students enrolled in such institution to fill all units in the student Housing Development, the required operating agreement or master lease shall be deemed to be in compliance. .03 The rent provided in the applicable units shall be calculated at thirty percent (30%) of sixty five percent (65%) of the area median income for a single-room occupancy unit type.
.04 The development shall provide priority for the applicable Affordable Units for Lower Income Students experiencing homelessness. A homeless service 25 provider, as defined in Section 103577 of the California Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless.
.0307 One Hundred Percent Affordable Housing Development. A Housing Development in which one hundred percent (100%) of the total units, exclusive of a manager's unit, are for Lower Income Households, except that up to twenty percent (20%) of the total units may be for moderate-income households, shall be eligible for a Density Bonus of an eighty percent (80%) of the total number of lower income units. Additionally, no maximum density controls shall be imposed if the Housing Development is located within one-half mile of a Major Transit Stop. Such Housing Development shall comply with all of the following:
.01 The rent for at least twenty percent (20%) of the units in the development shall be set at an Affordable Rent.
.02 The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a Housing Development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
.0308 Redevelopment of Existing Dwelling Units. A Housing Development is ineligible for a Density Bonus, Incentive, Reduced Parking Ratio or any other concessions under this chapter if the Housing Development involves redevelopment of existing rental dwelling units, or existing rental dwelling units that have been vacated or demolished in the five-year period preceding the date of the Housing Incentive Application, that have been subject to a recorded covenant, ordinance, law, or any other form of rent or price control that restricts rents to levels affordable to persons and families of lower or very low income or that have been occupied by Lower or Very Low Income Households, unless the proposed Housing Development replaces those units and either of the following applies:
.01 The proposed Housing Development, inclusive of the units replaced, contains Affordable Units at the percentages set forth in Section 18.52.040 (General Density Bonus) of this chapter.
.02 Each unit in the development, exclusive of a manager's unit, is affordable to, and occupied by, either a Lower or very low income household. .03 Replacement Units. Dwelling units replaced under this subsection shall comply with Section 65915(c)(3)(B) and (C) of California Government Code. .040 Multiple Types of Affordable Units. If a Housing Development includes multiple types of Affordable Units, the applicant shall choose a single type of Affordable Unit to calculate the Density Bonus. Different types of Affordable Units may be combined as follows:
.0401 Very Low Income Units. Units that are affordable to Very Low Income Households may be calculated according to Table 52-B (Lower Income Density Bonus); or, if the units are in a Common Interest Development, the units may be calculated according to Table 52-C (Moderate Income Density Bonus).
.0402 Lower Income Units. Units that are affordable to Lower Income Households and are in a Common Interest Development may be calculated according to Table 52-C (Moderate Income Density Bonus); if the units are not affordable to Very Low Income Households, they shall not be calculated according to Table 52-A (Very Low Income Density Bonus).
.0403 Moderate Income Units. Units in a Common Interest Development that are affordable to Moderate Income Households shall only be calculated according to Table 52-C (Moderate Income Density Bonus). A Density Bonus is not applicable to rental units for Moderate Income Households.
26 .050 Lesser Density Bonuses. In cases where the applicant requests a density increase less than that identified in this section, no reduction will be allowed in the number of Affordable Units required. (Ord. 5920 § 1 (part); June 8; Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 §§ 54, 55; April 4, 2023.)
18.52.050 TRANSFER OF LAND.
.010 General. An applicant for a tentative subdivision map, parcel map, or other residential development requesting a Density Bonus, Incentives and/or Reduced Parking Ratios by donating land to the City for the development of Affordable Units for Very Low Income Households shall comply with the following requirements:
.0101 Minimum Site Requirements. The transferred land shall meet all of the following minimum site requirements:
.01 The land shall be at least one (1) net acre or of sufficient size to permit development of at least forty (40) units.
.02 The land shall be of sufficient size to permit construction of Affordable Units for Very Low Income Households equal to or greater than ten percent (10%) of the number of units proposed by the associated subdivision map, parcel map or residential development approval. The number of Affordable Units shall be used to calculate the Density Bonus pursuant to Subsection 18.52.050.020 (Density Bonus Calculations). .03 The land shall have the appropriate zoning and general plan designations to permit construction pursuant to .01 and .02 above. .04 The land shall or will be served by adequate public facilities and infrastructure.
.05 The land shall be within the boundary of the proposed development or another suitable location subject to the approval of the Director of Housing and Community Development Department.
.0102 Permits and Approvals. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Affordable Units for Very Low Income Households on the transferred land, except that the City may subject the proposed development to subsequent design review, to the extent authorized by subdivision (i) of Government Code Section 65583.2, if the design is not reviewed by the City prior to the time of transfer.
.0103 Date of Transfer. The applicant shall donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
.0104 Land Recipient. The land shall be transferred to the City or to a housing developer approved by the Director of Housing and Community Development Department. The Director may require the applicant to identify and transfer the land to the developer. .0105 Length of Affordability. The Affordable Units built on the transferred land shall remain restricted to an Affordable Rent for Very Low Income Households for a period of at least fifty-five (55) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program except as otherwise provided for by California Government Code Section 65915. 27 .020 Density Bonus Calculations. An application for a Density Bonus pursuant to this subsection that meets the requirements of this chapter shall be eligible for a Density Bonus as shown in Table 52-D (Transfer of Land Density Bonus).
.0201 Percentage. The percentage of Affordable Units (the first column in Table 52-D) is the number of Affordable Units that shall be built on the transferred land divided by the total number of units in the proposed Housing Development (without a Density Bonus). .0202 Number of Density Bonus Units. The number of units granted by the Density Bonus is the percentage Density Bonus (the second column in Table 52-D) multiplied by the total number of units in the Housing Development (without a Density Bonus). .0203 Fractional Units. All Density Bonus calculations resulting in fractional units shall be rounded up to the next whole number.
Table 52-D
TRANSFER OF LAND DENSITY BONUS
Percentage Very Low Income
Units
Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
.030 Lesser Density Bonuses. In cases where the applicant requests a density increase less than that identified in this section, no reduction will be allowed in the number of Affordable Units required.
.050 Combination. A Density Bonus pursuant to this section shall be in addition to any increase in density mandated by Section 18.52.040 (General Density Bonus), up to a maximum combined density increase of thirty-five percent (35%) if an applicant seeks both the increase required pursuant to this section and Section 18.52.040 (General Density Bonus). (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6570 § 30; March 19, 2024.)
18.52.060 CONDOMINIUM CONVERSION.
28 .010 General. An application request for a Density Bonus, Incentives and/or Reduced Parking Ratios processed in conjunction with a conditional use permit for a condominium conversion shall comply with California Government Code Section 65915.5:
.0101 Density Bonus. Up to twenty-five percent (25%) over the number of apartments otherwise permitted by Title 18 (Zoning), to be provided within the existing structure or structures proposed for conversion.
.0102 Other Incentives of Equivalent Financial Value. For purposes of this section, "other Incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval.
.020 Condominium Conversion Requirements. An application for a Density Bonus pursuant to this section shall meet the following requirements:
.0201 Affordable Unit Options. Affordable Units shall be provided in accordance with one of the following two options:
.01 Low or Moderate Income. At least thirty-three percent (33%) of the total units of the proposed condominium project, including any units that are granted by a Density Bonus, shall be Affordable Units to Low or Moderate Income Households, or .02 Lower Income. At least fifteen percent (15%) of the total units of the proposed condominium project, including any units that are granted by a Density Bonus, shall be Affordable Units to Lower Income Households.
.0202 Pre-File Application. An applicant for approval to convert apartments to a condominium project shall submit to the City a pre-file application pursuant to Chapter 18.60 (Procedures) prior to the submittal of any formal requests for subdivision map approvals. .0203 Conditional Use Permit. An applicant for approval to convert apartments to a condominium project shall submit a request for a conditional use permit pursuant to the requirements of Section 18.38.100 (Condominium Conversions) and a Housing Incentives Application pursuant to the requirements of this chapter. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to a condominium project.
.0204 Ineligible Condominium Conversions. An applicant shall be ineligible for a Density Bonus or other Incentives under this section if the apartments proposed for conversion constitute a Housing Development for which a Density Bonus or other Incentives were already provided under this chapter.
.030 Conditions of Approval. The City may place such reasonable conditions on the granting of the Density Bonus or other Incentives pursuant to this section, as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers of Lower, Low and Moderate Income Households. (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.070 CHILD CARE FACILITIES.
.010 General. A Housing Development that conforms to the requirements of Section
18.52.040 (General Density Bonus) and includes a Childcare Facility that will be located on the premises of, as part of, or adjacent to, the project, and meets the requirements of this section, shall be eligible for either of the following:
29 .0101 Density Bonus. An additional Density Bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the Childcare Facility; or
.0102 Incentive. An additional Incentive that contributes significantly to the economic feasibility of the construction of the Childcare Facility. .020 Childcare Facilities Requirements. An application for a Density Bonus pursuant to this section shall meet the following requirements:
.0201 Operation. The Childcare Facility shall remain in operation for a period of time that is as long or longer than the period of time during which the Affordable Units are required to remain affordable pursuant to Section 18.52.040 (General Density Bonus). .0202 Enrollment. Of the children who attend the Childcare Facility, the percentage of children from Very Low Income Households, Lower Income Households, or Moderate Income Households shall be equal to or greater than the percentage of Affordable Units that are required for Very Low Income Households, Lower Income Households, or Moderate Income Households pursuant to Section 18.52.040 (General Density Bonus). (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.080 AFFORDABLE RENTAL HOUSING DEVELOPMENT.
.010 General. An Affordable Rental Housing Development that meets the requirements of this section, at the request of the applicant, shall be granted all of the following:
.0101 Density Bonus. A thirty-five percent (35%) Density Bonus, unless written findings are made in accordance with Section 18.52.120 (Findings). .0102 Incentives. The allowed number of Incentives, as specified in Section
18.52.090 (Development Incentives).
.0103 Parking Ratios. The minimum parking requirements for an Affordable Rental Housing Development pursuant to Section 18.52.100 (Parking Ratios). .020 Affordable Rental Housing Development Requirements. An Affordable Rental Housing Development shall meet the following requirements:
.0201 Minimum Site Size. The development site shall not be less than one (1) net acre, provided that, notwithstanding the foregoing, the Planning Director, in his or her discretion, may permit a project on a smaller development site upon a finding that the project can provide enough units to be financially capable of supporting the cost of on-site Professional Management.
.0202 Zone. The development site shall be located in a residential zone and shall comply with the standards of the respective zone unless otherwise set forth in this chapter. .0203 Minimum Project Size. The Affordable Rental Housing Development shall consist of not less than thirty six (36) units, provided that, notwithstanding the foregoing, the Planning Director, in his or her discretion, may permit a project with fewer units to qualify as an Affordable Rental Housing Development upon a finding that the project is financially capable of supporting the cost of on-site Professional Management. .0204 Affordable Units. A minimum of twenty percent (20%) of the total units in the project or five (5) units, whichever is greater, shall be restricted to an Affordable Rent for Very Low Income Households for not less than fifty-five (55) years. The Affordable Rent shall be determined based on the household and unit size assumptions shown in Table 52-E (Affordable Rental Housing Development Household and Unit Size Assumptions) unless the 30 Housing Development is subject to different assumptions imposed by other governmental regulations:
Table 52-E
AFFORDABLE RENTAL HOUSING
DEVELOPMENT HOUSEHOLD AND UNIT SIZE
ASSUMPTIONS
Unit Size Household Size
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 5 persons
.0205 Occupancy. Occupancy of each unit in the Affordable Rental Housing Development shall not exceed two (2) persons per bedroom plus one (1) person. .0206 Professional Management. The Housing Incentive Agreement for the Affordable Rental Housing Development shall include provisions that require Professional Management for all of the units within the Affordable Rental Housing Development upon completion of the Affordable Rental Housing Development and prior to occupancy, to provide for the continued maintenance of the property, as specified in Subsection 18.52.040.010.0103.03. .0207 Project Design. The design of the proposed Affordable Rental Housing Development shall:
.01 Be compatible with the scale and character of the existing neighborhood and nearby land uses;
.02 Preserve the integrity and character of the property's zoning designation and the General Plan; and
.03 Comply with the guidelines set forth in the Residential Design Guidelines for Affordable Housing Development produced by the City of Anaheim, the Anaheim Historic District Preservation Plan and any other applicable guidelines adopted by the City from time to time. In the event of a conflict between any of these guidelines and this chapter, the requirements of this chapter shall apply.
.04 The design, quality and appearance of the Affordable Units shall be compatible with the design of the total Affordable Rental Housing Development. .0208 Location of Affordable Units. Affordable Units should be built on-site wherever possible and, when practical, be dispersed within the Affordable Rental Housing Development. Circumstances may arise in which the public interest would be served by allowing some or all of the Affordable Units associated with the Affordable Rental Housing Development to be produced and operated at an alternative development site. Where the applicant and the City form such an agreement, the resulting linked developments shall be considered a single Affordable Rental Housing Development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the Affordable Units to be provided on the alternative site. (Ord. 5920 § 1 (part); June 8, 2004:
Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.090 DEVELOPMENT INCENTIVES.
.010 General. The City shall grant the number of Incentives as indicated in Table 52-F below, unless written findings are made in accordance with Section 18.52.120 (Findings), with the exception of Tier One Incentives for an Affordable Rental Housing Development, which are 31 not subject to discretionary review or denial. The City reserves the right to allow additional Incentives.
.0101 Density Bonus. An applicant that meets the requirements for a Density Bonus, as specified in Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land) or 18.52.060 (Condominium Conversion) shall as a minimum be granted the number of Incentives identified in Table 52-F (Number of Incentives by Level of Affordability). An applicant that proposes a Childcare Facility that meets the requirements specified in 18.52.070 (Childcare Facilities) shall be granted one (1) additional Incentive.
Table 52-F
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Affordability Percentage of Affordable
Units
Number of Development Incentives*
At Least 5% 1
At Least 10% 2
At Least 15% 3
Very Low Income
100% (up to 20% can be
moderate income)**
All Tier One Incentives plus up to 3 Tier
Two Incentives (Total of 4)
At Least 10% 1
At Least 17% 2
At Least 24% 3
Lower Income
100% (up to 20% can be
moderate income)**
All Tier One Incentives plus up to 3 Tier
Tow Incentives (Total of 4)
At Least 10% 1
At Least 20% 2
Moderate Income (Common
Interest Developments only)
At Least 30% 3
*An additional Incentive may be granted if the applicant is proposing a Childcare Facility per the requirements of Section 18.52.070 (Childcare Facilities).
**If housing project is located within one-half mile of a Major Transit Stop, the project shall also receive a height increase of up to three additional stories, or 33 feet. The allowed height increase under this section shall not be counted towards the allowed number of Incentives. .0102 Affordable Rental Housing Development. An applicant that meets the requirements for an Affordable Rental Housing Development, as specified in Section 18.52.080 (Affordable Rental Housing Development), shall be granted the following number of Incentives:
.01. Tier One Incentives. Any and all Tier One Incentives, as specified in this subsection. These Incentives shall not count towards the minimum number of Incentives granted or be subject to discretionary review or denial. .02. Tier Two Incentives. Three Tier Two Incentives, unless written findings are made in accordance with Section 18.52.120 (Findings). .020 Equivalent Financial Incentive. The City may offer an equivalent financial incentive in lieu of granting a Density Bonus and an additional Incentive(s). The value of the equivalent financial incentive shall equal at least the land cost per dwelling unit savings that would result from the Density Bonus and additional Incentive, as supported by an independent analysis of the applicant's property, and must contribute significantly to the economic feasibility of providing the Affordable Units pursuant to this chapter. .030 Tier One Incentives. The following Incentives shall be granted through the ministerial review procedures defined in Section 18.52.110 (Application Review):
.0301 Site Coverage. The maximum allowable site coverage may be increased to ninety percent (90%) for any fully subterranean garage and to sixty-five percent (65%) for all other structures.
32 .0302 Minimum Tree Size. The minimum tree size of fifty percent (50%) of the required trees may be decreased from the required twenty four (24) inch box size to a fifteen (15) gallon size.
.0303 Irregular Lot. An applicant for a Housing Development sited on an Irregular Lot may request a ten percent (10%) deviation of the structural setbacks requirements specified in Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones). Multiple requests pursuant to this subsection shall only be counted as one (1) Incentive towards the number of Incentives granted as specified in Subsection 18.52.090.010 (General).
.0304 Lot with Multiple Street Frontages. An applicant for a Housing Development on a Lot with Multiple Street Frontages may request a reduced landscape setback of not less than fifteen (15) feet in depth along any arterial highway, measured from the planned highway right-of-way line, as indicated in the Circulation Element of the General Plan and a reduced landscaped setback of not less than ten (10) feet in depth on all other streets. Multiple requests pursuant to this subsection shall only be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Subsection 18.52.090.010 (General). .0305 Maximum Building Height. An increase in the maximum allowable building height and/or stories up to four (4) stories when such structure is located more than one hundred fifty (150) feet from any single-family residential zone boundary or Mobile Home Park (MHP) Overlay Zone. Approval of this Incentive shall substitute for any requirement for a conditional use permit to allow building heights up to four (4) stories. .0306 Interior Lot Line Setbacks. The required interior lot line setback may be reduced in conformance with Table 52-G (Setbacks from Interior Property Lines) below. A minimum five (5)-foot wide landscaped setback shall be provided. For purposes of this subsection, minimum interior setbacks shall be determined independently for each story of the structure. Each setback reduction shall be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Subsection 18.52.090.010 (General). Building wall types are defined as follows:
.01 Primary. Building walls that contain entrances and exits and/or windows opening into living spaces where most activity occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms. Building walls with balconies are also included. .02 Secondary. Building walls that contain windows opening into bathrooms, closets, stairwells and corridors.
.03 Blank. Building walls with no window openings or points of access.
Table 52-G
SETBACKS FROM INTERIOR PROPERTY LINES
Adjacent to a Single-Family
Residential Zone
Adjacent to all Other Zones
Two-Story Structures
Primary Wall 30 feet 10 feet
Secondary or Blank Wall 15 feet 10 feet
Three-Story Structures
Primary Wall 35 feet 15 feet
Secondary or Blank Wall 20 feet 10 feet
Four-Story Structures*
Primary Wall 55 feet 15 feet
Secondary or Blank Wall 45 feet 10 feet
* The reduced interior lot line setback is a Tier One Incentive; an increase in the maximum allowable building 33 height up to four (4) stories is a separate Incentive. .0307 Setbacks Between Buildings. The required building separation setback may be reduced to 10 feet. This reduction shall be counted as one (1) Incentive towards the number of Tier One Incentives permitted under Section 18.52.090.010 (General). .0308 Accessory Uses with Community Benefit. A Housing Development that meets the requirements of Section 18.52.080 (Affordable Rental Housing Development) or Subsection 18.52.040.030.0307 of this chapter may include non-residential accessory use(s) that provide necessary services and benefits to the residents of the Housing Development and the surrounding community. Such accessory uses may include medical, educational, professional, and personal services, or any other uses deemed appropriate by the Housing and Community Development Director, which are available to the residents of the Housing Development and surrounding community. Prior to granting of this Incentive, an operations plan and/or agreement shall be submitted for review and approval by the Housing and Community Development Director to ensure that the accessory use does not impact the surrounding community and that the accessory use is operated as an ancillary component of the primary residential use. .040 Tier Two Incentives. The following Incentives shall be granted through the public hearing review procedures defined in Section 18.52.110 (Application Review):
.0401 Right-of-Way. A reduction of public right-of-way dedication or improvements.
.0402 Maximum Building Height. An increase in the maximum allowable building height and/or stories up to four (4) stories maximum height. Approval of this Incentive shall substitute for any requirement for a conditional use permit to allow building heights up to four (4) stories.
.0403 Mixed Use Zone. Approval of mixed-use zoning in conjunction with a Housing Development subject to the following requirements:
.01 The commercial, office, industrial, or other land uses will reduce the cost of the Housing Development.
.02 The commercial, office, industrial, or other land uses are compatible with the Housing Development and the existing or planned development in the area where the proposed Housing Development will be located. .03 The request is in conjunction with any required applications for a zoning reclassification and/or General Plan amendment for a mixed-use designation. .0404 Any Other Development Standard. Any other relief from a Development Standard proposed by the applicant or the City that will result in identifiable and actual cost reductions or avoidance. Each request for relief under this subsection shall be counted as one (1) Incentive towards the number of Tier Two Incentives allowed under Subsection 18.52.090.010 (General).
.050 Modification of an Approved Incentive. If an applicant has been granted an Incentive and the proposed plans for the Housing Development are revised and the revised plans require modification of the approved Incentive, the Planning Director may approve such modification unless written findings are made in accordance with Section 18.52.120 (Findings).
If the Planning Director determines that the request constitutes a substantial modification or a request for a new Incentive, the request shall be processed pursuant to Section 18.52.110 (Application Review). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 §§ 56, 57; April 4, 2023.)
34 18.52.100 PARKING RATIOS.
.010 Applicable Parking Ratios. An applicant for a Housing Development that meets the criteria for either a Density Bonus or an Affordable Rental Housing Development, at the applicant's request, may utilize the related Parking Ratios shown in Table 52-I (Reduced Parking Ratios). These Parking Ratios include handicapped and guest parking.
Table 52-I
REDUCED PARKING RATIOS
Minimum Number of Required Parking Spaces per Unit Total Number of Bedrooms Density Bonus Housing
Development
Affordable Rental Housing
Development* and 100%
Affordable Housing
Development
Studio unit 1 1
1-bedroom 1 1
2-bedrooms 1.5 1.5
3-bedrooms 1.5 2
4 or more bedrooms 2.5 2
*Implementation of the Affordable Rental Housing Development Parking Ratio shall be subject to a limitation on the number of vehicles permitted, equal to the number of parking spaces provided. Parking spaces shall be used only for parking operable vehicles. Such limitations shall remain in full force and effect for so long as the Affordable Housing Development is maintained as multiple- family housing, or until the Housing Incentive Agreement is terminated by the City.
.020 Additional Reduction in Parking Ratios. At the applicant's request, the following Housing Developments may utilize related additionally reduced Parking Ratios shown in Table 52-J (Additionally Reduced Parking Ratios), inclusive of handicapped and guest parking, as follows:
Table 52-J
ADDITIONALLY REDUCED PARKING RATIOS
Type of Density Bonus Housing
Development
Minimum Number of
Required Parking
Spaces
Special Provisions
Rental and for-sale Housing
Developments with minimum 11% very
low income or 20% low income units
0.5 per bedroom Must be located within one-half mile
from a Major Transit Stop and have an
unobstructed access to that Major
Transit Stop
Rental Housing Developments with
100% of units for lower income
families, exclusive of a manager's unit(s)
No minimum number of
parking space required
Must be located within one-half mile
from a Major Transit Stop and have an
unobstructed access to that Major
Transit Stop
Rental Housing Developments with
100% of units for lower income
individuals who are 62 years of age or
older that complies with Sections 51.2
and 51.3 of the Civil Code, exclusive of
a manager's unit(s)
No minimum number of
parking space required
Must have either a paratransit service or
an unobstructed access to a fixed bus
route service that operates at least eight
times a day within one-half mile from
the development
Special Needs Housing Developments
as defined in Section 51312 of the
Health and Safety Code or Supportive
Housing Developments, as defined in
Section 50675.14 of the California
Health and Safety Code, in which 100%
of units are rental units for lower income
families, exclusive of a manager's unit(s)
No minimum number of
parking space required
Must have either a paratransit service or
an unobstructed access to a fixed bus
route service that operates at least eight
times a day within one-half mile from
the development
35 *The city may require an increase in the minimum number of required parking spaces, not to exceed that established by Table 52-I, if supported by a qualified parking study pursuant to Section 65915(p)(7) of California Government Code.
.030 Fractional Spaces. If the total number of parking spaces required is not a whole number, the number shall be rounded up to the next whole number. .040 Tandem, Uncovered and On-Street Parking. For purposes of this subsection, a development may provide onsite parking through tandem parking or uncovered parking, but not through parking on public streets or alleys.
.050 Development Incentives. The Parking Ratios offered in this section shall not count as one of the Incentives applicants are entitled to under Section 18.52.090 (Development Incentives). An applicant may request a further reduction in the minimum number of parking spaces required by this section as a Tier Two Incentive, subject to Section 18.52.090 (Development Incentives).
(Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 §§ 58, 59; April 4, 2023: Ord. 6570 § 32; March 19, 2024.)
18.52.110 APPLICATION REVIEW.
.010 Review. Any request pursuant to this chapter shall be processed concurrently with any other application(s) required for the Housing Development, including any that include discretionary land use decisions. The granting of a Density Bonus or Incentive pursuant to this chapter is a ministerial review and shall not be interpreted, in and of itself, to require a General Plan amendment, zoning reclassification, or other discretionary approval. Final determination of conformance with the requirements of this chapter (with right of appeal to the City Council) shall be made as follows:
.0101 Planning Director Review. The Planning Director is the review authority for all requests pursuant to this chapter, except Tier Two Incentives, as specified in Section
18.52.090 (Development Incentives), and requests for direct financial assistance. .0102 Planning Commission Review. The Planning Commission is the review authority for all Tier Two Incentives, as specified in 18.52.090 (Development Incentives).
Planning Commission review shall be at a public hearing held in accordance with the procedures set forth for public hearings in Chapter 18.60 (Procedures). The Planning Commission shall make a determination as to the developer's compliance with this chapter. .0103 City Council Review. The City Council is the review authority for all requests for direct financial assistance. City Council review shall be at a public hearing held in accordance with the procedures set forth for public hearings in Chapter 18.60 (Procedures). .020 Joint Pre-Application Conference with staff from Planning and Building and Housing and Community Development Departments. Applicants for a request pursuant to this chapter shall schedule a joint pre-application conference with, and such conference shall be granted by, the Housing and Community Development Department to discuss and identify potential application issues, including any additional Incentives requested pursuant to Section
18.52.090 (Development Incentives). No charge will be required for the pre-application conference.
.030 (Reserved).
.040 Housing Incentives Application. The record owner or owners of each property comprising the proposed Housing Development site shall file a completed Housing Incentives Application with the Planning and Building Department as stipulated in the application on forms 36 prescribed by the Planning Director. Applications shall include all required information and identified materials, including but not be limited to, the following:
.0401 Project Description. A brief description of the proposed Housing Development, including the total number of units; Affordable Units, including the proposed level of affordability; and Density Bonus Units.
.0402 Density Bonus. The type of Density Bonus applied for as described in Sections 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.070 (Childcare Facilities), and 18.52.080 (Affordable Rental Housing Development).
.0403 Development Incentives. A list and, as applicable, plans (site plan, elevations, etc.) indicating the Incentives requested.
.0404 Parking Ratios. A site plan indicating the proposed location and number of parking spaces.
.0405 Documentation. Documentation establishing eligibility for a requested Density Bonus, Incentives and/or Reduced Parking Ratios. Such documentation shall include information satisfactory to the Planning Director, the Executive Director of the Housing and Community Development Department and/or the City Council that the Density Bonus, Incentives and/or Reduced Parking Ratios results in an identifiable and actual cost reduction to provide for an Affordable Housing Cost or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
.0406 Environmental Documentation. The applicant shall provide documentation to the satisfaction of the Planning Director, Planning Commission, or City Council, as applicable, that the proposed project has no specific, adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact unless a statement of overriding consideration is adopted pursuant to California Environmental Quality Act Guidelines, and that there are no adverse impacts to any real property that is listed in the California Register of Historical Resources. .0407 Housing Incentives Memorandum. An executed memorandum of understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms of the Housing Incentive Agreement, including the number of Affordable Units required under this chapter, as well as the unit type and Affordable Rent or Affordable Housing Cost, as applicable, for such units. Approval of such memorandum by the Housing and Community Development Department shall be a prerequisite to the Planning and Building Department or Planning Commission undertaking final action on the application. Rough grading and building permits shall not be issued until such time that the Housing Incentive Memorandum has been executed and the Housing Incentive Agreement has been recorded. .0408 Additional Information. Any other information as may be required by the Planning and Building and/or Housing and Community Development Departments. .0409 Fees. Applications not initiated by the City or the City's Housing Authority shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees). .050 Determination of Application Completeness. All applications submitted to the Planning and Building Department will be processed to determine their completeness in accordance with Section 18.60.050 (Determination of Application Completeness) of Chapter
18.60 (Procedures). If after the initial review period, the application is deemed complete, City staff shall continue to process the request. If the application is incomplete, the applicant shall be informed in writing that additional specified information must be provided. .060 Modification of Application. An application may be modified by the applicant.
Any prior finding of application completeness may be voided by submittal of a modification. 37 Depending on the type and substance of the modification, the modified application may be distributed again for review and may require payment of a supplemental application fee. .070 Project Review. Applications shall be reviewed by both the Planning and Building and the Housing and Community Development Departments for compliance with the provisions of this chapter, including affordability and design requirements. Applications shall be reviewed by other City departments where appropriate. Such review shall include a review of compliance with this chapter and other City codes. The Housing and Community Development Department and/or the Planning and Building Department may make a recommendation to the approval authority regarding any additional, alternative or equivalent financial Incentives. .080 Additional or Alternative Incentives. The Planning and Building Department shall inform the applicant if additional, alternative or modified Incentives pursuant to Section
18.52.090 (Development Incentives) will be recommended for consideration in lieu of or in addition to the requested Incentives or that the Incentives requested by the applicant are not appropriate or needed for the proposed Housing Development. If alternative or modified Incentives are recommended, the recommendation shall establish how the Incentives can be expected to have an equivalent affordability effect as the Incentives requested by the applicant. .090 Conditions of Approval. Conditions of approval may be utilized for the following:
.0901 Condominium Conversion Density Bonus. If the applicant has applied for a Density Bonus or Incentive related to a conditional use permit for a condominium conversion, pursuant to Section 18.52.060 (Condominium Conversion), the City may place such reasonable conditions on the granting of the Density Bonus or Incentive(s) as it finds appropriate, including, but not limited to, conditions which assure continued affordability of the units to subsequent purchasers who are Very Low, Lower or Moderate Income Households. .0902 Childcare Facilities. If the applicant has applied for a Density Bonus or Incentive related to the provision of a Childcare Facility, pursuant to Section 18.52.070 (Childcare Facilities), then, as a condition of approval of the Housing Development, the applicant shall agree to the following:
.01 Operation. The Childcare Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Units are required to remain affordable pursuant to Section 18.52.040 (General Density Bonus). .02 Enrollment. Of the children who attend the Childcare Facility, the percentage of children from Very Low Income Households, Lower Income Households, or Moderate Income Households shall be equal to or greater than the percentage of Affordable Units that are required for Very Low Income Households, Lower Income Households, or Moderate Income Households pursuant to Section 18.52.040 (General Density Bonus). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6116 §§ 13, 14; October 14, 2008: Ord. 6382 § 18; October 18, 2016:
Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 § 60; April 4, 2023: Ord. 6570 §§ 32 - 34; March 19, 2024.)
18.52.120 FINDINGS.
.010 Density Bonus and Incentives. The City shall approve the request for a Density Bonus and/or Incentives pursuant to Section 18.52.040 (General Density Bonus), 18.52.050 (Transfer of Land), 18.52.060 (Condominium Conversion), 18.52.080 (Affordable Rental Housing Development); or, 18.52.090 (Development Incentives), unless it makes a written finding, based upon substantial evidence, of either of the following:
38 .0101 That the Density Bonus, Incentives or Reduced Parking Ratio does not result in identifiable and actual cost reductions to provide for an Affordable Housing Cost or for rents for the targeted units to be set as specified in California Government Code Section 65915(c); or
.0102 That the Density Bonus or Incentive would have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low, Low, Lower, or Moderate Income Households. .020 Childcare Facilities. The City shall approve the request for additional Density Bonus or Incentive for the provision of a Childcare Facility, as specified in Section 18.52.070 (Childcare Facilities), unless it makes the written findings set forth in Sections 18.52.120.0101 and 18.52.120.0102 and the following additional finding, based upon substantial evidence:
.0201 That the community has adequate Childcare Facilities. .030 Tier one Incentives for an Affordable Rental Housing Development are not subject to discretionary review or denial, pursuant to 18.52.080 (Affordable Rental Housing Development) and 18.52.090 (Development Incentives), and do not require written findings. (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6555 § 61; April 4, 2023.)
18.52.130 NOTICE OF APPROVAL OR DENIAL.
.010 Written Notification. Not later than ten (10) days after the approval or denial of a Housing Incentive Application, the Planning and Building Department shall prepare and mail to the applicant and property owner a formal written notice of the action. .020 Written Findings. If the Planning Director or Planning Commission makes any of the findings set forth in Section 18.52.120 (Findings), the written finding(s) shall be provided to the applicant in or with the written notice.
.030 Effective Date. Notwithstanding the foregoing, approval shall not be effective until applicant executes a Housing Incentive Agreements in accordance with Section 18.52.150 (Housing Incentive Agreement). (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.140 APPEALS.
The procedures for appeals related to a Housing Incentive Applications shall follow those set forth in Sections 18.60.130 (Appeals – Planning Commission Decisions), 18.60.135 (Appeals – Planning Director Decisions), and 18.60.140 (Appeal Authority). (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6156 § 19; September 22, 2009: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.150 TIME TO EXERCISE ENTITLEMENT.
The approved term to obtain building permits, thereby exercising the entitlement for a Density Bonus or Incentive(s), shall be two (2) years from the date of approval. Such time 39 limitation may be extended in the same manner as the extension of time to comply with conditions of approval as set forth in Section 18.60.170 (Extension of Time to Comply with Conditions of Approval). The Planning Director shall be the approval authority for time extensions. (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008:
Ord. 6489 § 1 (part); July 14, 2020.)
18.52.160 HOUSING INCENTIVES AGREEMENT.
.010 Agreement Required. Applicants utilizing this chapter shall enter into a Housing Incentives Agreement with the City in accordance with this chapter and in a form and substance acceptable to the City. The terms of the agreement shall be reviewed, revised and approved by the Housing and Community Development Department.
.020 Compliance with this Chapter. The Housing Incentives Agreement shall require continued compliance with the requirements of this chapter and, if applicable, the provisions required by Section 65916 of the California Government Code. .030 Recordation. Following execution of the Housing Incentives Agreement by all parties, the completed agreement, or, if required by the Housing Incentives Agreement, a declaration of covenants, conditions and restrictions, shall be recorded as a restriction on the parcel or parcels designated for the construction of the Affordable Units. The recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of any rough grading and building permits, with the exception of demolition permits for such parcels or units. The Housing Incentives Agreement shall be binding on the developer of the Housing Development and all future owners and successors in interest thereof. .040 Affordable Rental Housing Development. The Housing Incentives Agreement for an Affordable Rental Housing Development, pursuant to the requirements of Section 18.52.080 (Affordable Rental Housing Development), shall include, but not be limited to, the following:
.0401 Third Party Beneficiaries. The Anaheim Housing Authority shall be a third-party beneficiary of the Housing Incentives Agreement; .0402 Number of Units. The total number of units approved for the Affordable Rental Housing Development, including the number of Affordable Units; .0403 Unit Descriptions. The location, unit sizes (square feet), and number of bedrooms of each of the Affordable Units;
.0404 Affordable Rent. The standards for determining the affordable rent for each Affordable Unit;
.0405 Term. A term of at least fifty five (55) years;
.0406 Density Bonus, Development Incentives and Parking Ratio. A description of any Density Bonus, development Incentive(s), and Parking Ratio, being provided by the City; .0407 Parking Management Plan. If the Affordable Rental Housing Development utilizes a Parking Ratio pursuant to Section 18.52.100 (Parking Ratios), a plan for parking management, which shall include a map depicting which parking spaces are reserved and which are not and shall include procedures for removal of inoperable vehicles and a limitation on the aggregate number of vehicles permitted in the Affordable Rental Housing Development; .0408 Occupancy. Occupancy of each unit in the Housing Development shall not exceed two (2) persons per bedroom, plus one;
.0409 Marketing and Tenant Selection Plan. A marketing and tenant selection plan as provided by the Housing and Community Development Department, which shall include the obligation of the owner to provide first priority to people who live or work in the City to rent the Affordable Units to the extent permitted by law and the obligation to provide the Anaheim 40 Housing Authority, at initial lease-up, with a sixty (60) day priority to refer rental applicants under its Section 8 Housing Choice Vouchers Waiting List and its Affordable Housing Waiting List, to the extent permitted by law;
.0410 Management Plan. The obligation of the owner to comply with an acceptable written management plan to the Executive Director of the Housing and Community Development Department setting forth the owner's policies and procedures for renting, managing, maintaining and operating the Affordable Rental Housing Development to assure a healthy and secure living environment for the residents, which is consistent with reasonable business practices and property management standards established in Orange County, California, and which shall be attached to the agreement;
.0411 Breach of Agreement. A description of remedies for breach of the agreement by either party (the City may identify tenants as third party beneficiaries under the agreement); and
.0412 Other Provisions. Other provisions to ensure implementation and compliance with this chapter, matters addressed in the application, and the agreement. .050 Direct Financial Contribution. Where there is a direct financial contribution to a Housing Development pursuant to this chapter through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City shall assure continued availability of Affordable Units for up to a minimum of fifty-five (55) years. When appropriate, the Housing Incentives Agreement shall specify the mechanisms and procedures necessary to carry out this requirement. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020: Ord. 6570 §§ 35, 36; March 19, 2024.)
18.52.170 CONFLICTS WITH OTHER LAWS.
.010 Nothing contained in this chapter shall be deemed to prohibit occupancy by any person of any dwelling unit in an affordable housing project where such prohibition would be in violation of, or conflict with, any provision of State law with which the City of Anaheim is required to conform. In the event of any such conflict, the applicable provision of State law shall prevail.
.020 In the event that the provisions of Chapter 4.3 Section 65915 et. seq. of the California Government Code are repealed or changed, the Density Bonus, Parking Ratios and Incentives for Affordable Rental Housing Development as specified in Section 18.52.080 (Affordable Rental Housing Development) shall continue to apply. (Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6489 § 1 (part); July 14, 2020.)
18.52.180 PENALTY FOR VIOLATIONS.
It shall be unlawful for any person to occupy, or for any owner, operator or manager of any affordable housing project to permit the occupancy of, any dwelling unit within an affordable housing project in violation of any provision of this chapter. Any such violation shall be a misdemeanor punishable in the manner set forth in Section 1.01.370 (Violations of Code - Penalty) of Chapter 1.01 (Code Adoption and Construction). Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person and shall be punishable accordingly. The criminal sanctions imposed by this section shall be in addition to 41 any civil remedies, at law or in equity, which are otherwise available to the City of Anaheim to remedy such violations.
Alternatively, any violation of this Chapter may be enforced by the City, the City's Police Department or an enforcement officer in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to the issuance of citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing and shall be subject to the imposition and payment of administrative fine(s).
SECTION 28. That Subsection .020 (Continuation of Sign) of Section 18.56.060 (Nonconforming Signs) of Chapter 18.56 (Nonconformities) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated in full as follows and that Subsection .030 (Demolition of a Structure with Associated Legal Nonconforming Sign) is hereby amended and added to of Section 18.56.060 (Nonconforming Signs) of Chapter 18.56 (Nonconformities) of Title 18 (Zoning) of the Anaheim Municipal Code be to read in full as follows:
.010 Effect on Status of Use or Structure. A use or structure having a sign that does not meet the requirements of Chapter 18.44 (Signs), but is otherwise in conformance with this title, shall not be subject to the provisions of Section 18.56.030 or Section 18.56.040 solely due to the nonconformity of the sign.
.020 Continuation of Sign. Except as otherwise provided herein, any nonconforming sign or other advertising structure may continue, and may be repair/maintained provided that any structural change or alteration of any sign that requires a building or other permit shall be subject to the approval of the Planning Commission and/or City Council, through a conditional use permit proceeding as prescribed in Chapter 18.66 (Conditional Use Permits) if special findings can be found. An exception to this requirement is for any change of copy or repair and maintenance to legal non-conforming signs that does not modify or change the sign structure, does not need approval of a Conditional Use Permit, and may be approved through an administrative Zoning Plan Check review and applicable building permits. .0201 Findings. Before the approval authority, or City Council on appeal, may approve a conditional use permit for non-conforming signs, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:
.01 That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code; .02 That the changes proposed improve the aesthetics of the sign; and .03 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
.030 Demolition of a Structure with Associated Legal Nonconforming Sign. If a building is demolished and there is a legal nonconforming sign associated with that building and/or use, then the nonconforming sign shall be removed or made conforming with the provisions of Chapter
18.44. 42
SECTION 29. That new Section 18.60.075 (Automatic Withdrawal of Applications) of Chapter 18.60 (Procedures) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, added to read in full as follows:
18.60.075 Automatic Withdrawal of Applications.
Any application which is deemed incomplete pursuant to
Section 18.60.050 for which the specific information needed to complete the application is not provided within 180 days of the written determination will be deemed stale. A written notice will be provided to the applicant advising that the application will be deemed withdrawn if the specific information is not provided within 30 days. The Department shall determine if any fees can be refunded based on the amount of work that has been done on the application.
SECTION 30. That Subsection .020 (Types of Adjustments) of Section 18.62.040 (Administrative Adjustments) of Chapter 18.62 (Administrative Reviews) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and added to read as follows:
.0210 Maximum wall and fence height in any required structural setback in any non-residential zones when abutting a public street and located at back of the landscape setback, may be increased up to six (6) feet in height subject to the findings of Section 18.62.040.050 below. .01 Walls and fences or portions thereof over three (3) feet in height shall be either tubular steel or wrought iron and shall be opaque from the public right-of-way, unless screening is required to block equipment, outdoor storage, or otherwise required. No chain link shall be utilized.
SECTION 31. That Subsection .030 (Referral to Planning Commission) of Section
18.68.060 (Action By City Council) of Chapter 18.68 (General Plan Amendments) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.030 Referral to Planning Commission. Any substantial modification of the proposed amendment, not previously considered by the Planning Commission during its hearing, may be referred back to the Planning Commission. as a "Reports and Recommendations" item. The Planning Commission need not hold a public hearing on this matter. Failure of the Planning Commission to report within forty-five (45) days after the referral, or such longer period as the City Council may designate or as agreed upon between the applicant and the City, shall be deemed to be a recommendation of approval.
SECTION 32. That Subsection .020 (Review Process) of Section 18.70.040 (Review Process) of Chapter 18.70 (Final Plan Reviews) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.020 Review process. A final plan application shall be reviewed as follows:
.0201 The staff of the Planning Department shall review the final plan application., or refer the final plan application to the applicable Design Review Committee, if one has been established, for a recommendation pursuant to subsection .030 below. 43 .0202 The Planning Director may refer the final plan application to an outside consultant for architectural review and recommendation. .0203 A public hearing need not be held, unless the Planning Director determines that such a hearing would be in the public interest. .0204 The Planning Director shall make the decision to approve or deny the final plan application.
.0205 The decision of the Planning Director may be appealed to the Planning Commission pursuant to Chapter 18.60 (Procedures).
.030 Design Review Committee. If a final plan application is referred to the Design Review Committee, it shall review the design of the application and provide a recommendation to the approval authority.
.0301 The Design Review Committee shall use any applicable design guidance provided by the Community Design Element of the General Plan, the Zoning Code, and any adopted specific plans, neighborhood plans, and design guidelines applicable to the area. .0302 The scope of review of the Design Review Committee is limited to architectural and urban design issues. Its scope does not extend to reviewing the proposed uses and the proposed development density and/or intensity.
.0303 The Design Review Committee shall make its recommendation, in writing, within forty-five (45) days after the referral. .040 Effect of recommendation. The recommendation of the Design Review Committee shall be considered by the approval authority, but the approval authority may disregard all or portions of the recommendation.
.050 Fees. The City may charge a fee for a final plan review, including the costs of having the project reviewed by the Design Review Committee or an outside consultant, as provided in Chapter 18.80 (Fees). (Ord. 5920 § 1 (part); June 8, 2004.) SECTION 33. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and added for Site Coverage as follows:
“Site Coverage.” Means the percentage of any lot or parcel of land or combination of contiguous lots or parcels of land used or intended for a particular use or group of uses, covered by all primary and accessory buildings and structures. Common recreational leisure area buildings, shall not be included in the maximum site coverage calculation.
SECTION 34. That Subsection .040 (Final Site Plan Conformance) of Section 18.108.030 (Methods and Procedures for Specific Plan Implementation) of Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
44 .040 Final Site Plan Conformance. Following approval of a final site plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final site plan, a revised final site plan may be submitted to the Planning Director for approval. If the Planning Director determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final site plan, the revised final site plan shall be approved by the Planning Director, without submittal to the Planning Commission for review and approval. The decision of the Planning Director shall be final, unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the Planning Director determines that the proposed revision is not in substantial conformance with the approved final site plan, then the revised final site plan shall be submitted to the Planning Commission for review and action, pursuant to paragraph 18.108.030.030(b) herein. Notwithstanding the foregoing, the Planning Director shall have the discretion to refer consideration of the revised final site plan to the Planning Commission as a Public Hearing pursuant to Sections 18.60.090 and 18.60.100. as a Report and Recommendation item. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final site plan, the revised final site plan shall be approved by the Planning Commission. The decision of the Planning Commission shall be final, unless appealed to the City Council within ten (10) days from the date of such decision.
SECTION 35. That Subsection .020 (General Standards) of Section 18.108.040 (Development Standards) of Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
60. Veterinary clinics, non-boarding; ,and conducted entirely indoors and subject to the requirements of 18.38.270;and
SECTION 36. That Subsection .040 (Final Site Plan Conformance) of Section 18.110.030 (Methods and Procedures for Specific Plan Implementation) of Chapter 18.110 (East Center Street Development Specific Plan No. 90-2 (SP 90-2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.040 Final Site Plan Conformance. Following approval of a final site plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final site plan, a revised final site plan shall be submitted to the Planning Director and the Executive Director of Community Development for approval. If the Planning Director and the Executive Director of Community Development determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final site plan, the revised final site plan shall be approved by the Planning Director and the Executive Director of Community Development. The decision of the Planning Director and the Executive Director of Community Development shall be final, unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the Planning Director or Executive Director of Community Development determines that the proposed revision is not in substantial compliance with the approved final site plan, then the revised final site plan shall be submitted to the Planning Commission for review and action pursuant to subsection 18.110.030.030 herein. Notwithstanding the foregoing, the Planning Director and the 45 Executive Director of Community Development shall have the power to refer consideration of a revised final site plan to the Planning Commission as a Report and Recommendation item. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and this chapter, and the general intent of the approved final site plan, the revised final site plan shall be approved by the Planning Commission. The decision of the Planning Commission shall be final, unless appealed to the City Council within ten (10) days from the date of such decision.
SECTION 37. That Subsection .040 (Minor District Boundary Adjustments - Theme Park and Parking Districts) of Section 18.114.040 (Methods and Procedures for Specific Plan Implementation) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
If the minor boundary and acreage variations are found to be in substantial conformance with the Specific Plan and other provisions of this chapter, then the Planning Director shall approve the boundary and/or acreage variation. The decision of the Planning Director shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the decision is appealed, the proposed variation shall be reviewed by the Planning Commission as a Public Hearing pursuant to Sections 18.60.090 and 18.60.100. as a Report and Recommendation Item. If the minor boundary and acreage variations are found to be in substantial conformance with the Specific Plan and the other provisions of this chapter, the Planning Commission shall approve the boundary and/or acreage variation. The Planning Commission decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Notwithstanding the foregoing, the Planning Director may refer consideration of a boundary and acreage variation to the Planning Commission for review and action in accordance with the procedures set forth in subparagraph 18.114.040.020.0201.01 (Planning and Building Director Approval).
SECTION 38. That Subsection .090 (Permitted Encroachments into Required Yard and Setback Areas) of Section 18.114.050 (Land Use and Site Development Standards - General) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated as follows:
.0911 Utility Elements and Screening Walls/Fences. The Planning Director, without public notice or hearing required, may approve encroachments into required setback areas adjacent to a public street for utility elements, devices or facilities and screening walls/fences associated with utility elements provided that (i) physical constraints on the subject property or the location of existing utility elements preclude strict adherence to the setback requirements; (ii) said encroachments do not prevent the setback area from being landscaped in accordance with the Design Plan; (iii) the screening wall/fence height does not exceed the maximum wall/fence height allowed by this chapter; (iv) any screening is in accordance with subsection 18.114.050.090.0903 (Vehicle Sight Distance to be Maintained); and, (v) any utilities are fully screened by landscape and/or walls/fences which are planted with clinging vines or fast- growing shrubs so that the utilities are not visible from the public right-of-way or adjacent properties. The decision of the Planning Director shall be in writing and shall be final and effective ten (10) days following the date thereof unless an appeal to the Planning Commission is 46 filed within that time by any interested person or review is requested by two or more members of the City Council. Notwithstanding the foregoing, the Planning Director may refer consideration of said encroachments to the Planning Commission for review as a Public Hearing pursuant to Section 18.60.090 and 18.60.100. and approval at a public meeting, without public notice or a public hearing, as a Report and Recommendation Item. The Planning Commission's decision shall be final and effective ten (10) days from the date of the Planning Commission's announced decision unless an appeal to the City Council is filed within that time by any interested person or review is requested by two or more members of the City Council. Appeals shall be processed as set forth in Sections 18.60.130 through 18.60.150, except as expressly set forth in this paragraph .0911.
SECTION 39. That Subsection .040 (Freestanding Monument Signs) of Section
18.116.160 (Sign Regulations) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92- 2) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.040 Freestanding Monument Signs. Freestanding signs shall be monument signs except as provided elsewhere in this chapter and shall comply with Table 116-Q (Freestanding Monument Signs).
Table 116-Q
Freestanding Monument Signs
Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft.
All signs to be mounted on the standard Anaheim Resort sign base which is not included in the area calculation of the sign.
Standard sign base shall be precast colored concrete as specified in the Anaheim Resort Identity Program.
An Anaheim Resort logo shall appear on three sides of each column on the standard sign base.
Signs shall identify development address in the location specified on sign details on file in the Planning Department, using the typeface consistent with the identity sign elements for the street address.
All signs except corner locations shall be located in the middle 40% of the street frontage. For corner locations signs may be located at the corner.
Any attachments or “riders” to signs shall be prohibited.
Other Limitations
(E), (F)
Not Applicable
All signs shall be placed perpendicular to the street.
(F) For development located within the Harbor Boulevard/Katella Avenue Central Core Intersection Area as depicted on Exhibit 3.3-8 (Central Core Plan) of the Specific Plan, Multi-Tenant Signs integrated with the building architecture may be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following:
(i) One sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy-five (75) feet from the intersection. If one sign is installed, it may be installed at the corner or along either street frontage.
47 (ii) Unless installed at the corner or on a property with frontage on Disneyland Drive, the sign must be oriented perpendicular to the adjacent street. (iii) The maximum permitted height is fourteen (14) feet and maximum permitted width is 11 feet.
(iv) The sign may be single or double sided.
(v) The total area of tenant copy may not exceed 135 square feet per side. Up to four tenants may be advertised.
SECTION 40. That Subsection .030 (Site Plan Consistency) of Section 18.118.040 (Methods and Procedures For Specific Plan Implementation) of Chapter 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
.0301 Final Site Plan Conformance. Following approval of a final site plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final site plan, a revised final site plan may be submitted to the Planning Director. If the Planning Director determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan, and the general intent of the final site plan previously approved by the Planning Commission, the revised final site plan may be approved by the Planning Director without submittal to the Planning Commission. The decision of the Planning Director shall be final, unless appealed to the Planning Commission, as a Report and Recommendation item, within ten (10) days from the date of such decision. Notwithstanding the foregoing, the Planning Director may have the discretion to refer consideration of the revised final site plan to the Planning Commission as a Public Hearing pursuant to Section 18.60.090 and 18.60.100. as a Report and Recommendation item. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final site plan, the revised final site plan may be approved by the Planning Commission. The decision of the Planning Commission shall be final, unless appealed to the City Council within ten (10) days from the date of such decision.
SECTION 41. That Table 120-B (Primary Uses By Development Area: Non-Residential Use Classes) of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
Table 120-B
PRIMARY USES BY DEVELOPMENT AREA:
NON-RESIDENTIAL USE CLASSES
P=Permitted by Right
C=Conditional Use Permit
Required
M=Minor Conditional Use Permit
Required
N=Prohibited
T=Telecommunications Antenna
Review Permit Required
DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions
Veterinary Services P/C P/C P/C P/C P/C P/C Subject to
18.38.270;
otherwise, a
conditional use
permit is required.
Permitted without
a conditional use
permit when
conducted entirely
indoors subject to
§ 18.38.270
48 SECTION 42. That Table 122-B (Primary Uses By Development Area: Non-Residential Use Classes) of Section 18.122.050 (Uses) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows:
Table 122-B
PRIMARY USES BY
DEVELOPMENT AREA:
NON-RESIDENTIAL USE
CLASSES
P=Permitted by Right
C=Conditional Use Permit (CUP) Required
M=Minor Conditional Use Permit (MCUP)
Required
N=Prohibited
T=Telecommunications Antenna Review Permit
Required
R-L
M
R-M MU-
M
MU-
H
N-
C
R-
C
O S-P P-R Special
Provisions
Veterinary
Services
N N P/C P/C P/C P/C P/C P/C N Permitted
without a CUP
if use complies
with 18.38.270
Permitted
without a
conditional use
permit when
conducted
entirely
indoors subject
to § 18.38.270
and located in
the MU-M,
MU-H, N-C,
R-C, O or S-P.
SECTION 43. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 44. CERTIFICATION
49 The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 45. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM