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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JANUARY 14, 2025
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: AMENDMENTS TO TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE INCLUDING ADJUSTMENT NO. 10 TO
THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 TO
CONSIDER TRANSITIONAL HOUSING AND SUPPORTIVE
HOUSING AS A RESIDENTIAL USE OF PROPERTY, SUBJECT
TO ONLY THOSE RESTRICTIONS THAT APPLY TO OTHER
RESIDENTIAL DWELLINGS OF THE SAME TYPE IN THE
SAME ZONE, AS REQUIRED BY COURT ORDER IN
GRANDMA’S HOUSE OF HOPE V. CITY OF ANAHEIM, ET
AL, ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2022-
01241823-CU-WM-CJC (INTRODUCTION)
ATTACHMENT (Y/N): YES ITEM # 09
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance, amend Title 18 (Zoning) of the Anaheim Municipal Code in compliance with the Orange County Superior Court (Court) order and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3) of Title 14 of the California Code of Regulations.
DISCUSSION:
Government Code section 65583, subdivision (c)(3) (“Housing Element Law”), requires that transitional housing and supportive housing be considered as a residential use of property, subject to only those restrictions that apply to other residential dwellings of the same type in the same zone. The Court, in its ruling, found the City to be in violation of Housing Element Law and directed the City to revise definitions for “target population”, “transitional housing”, and “supportive housing” consistent with Government Code section 65582 and in accordance with Government Code section 65583, subdivision (c)(3), to consider transitional housing and supportive housing as a residential use of property, subject to only those restrictions that apply to other residential dwellings of the same type in the same zone.
Amendments to Title 18 (Zoning) to consider Transitional and Supportive Housing as a residential use of property (Introduction) January 14, 2025
This amendment implements the required revisions including removing the requirement for a conditional use permit for transitional or supportive housing with seven or more residents that it does not require for other dwellings of the same type in the same residential zone.
Planning Commission: On December 16, 2024, the Planning Commission recommended City Council approval of the Zoning Code amendments, 5-0-1. Commissioner Lieberman abstained and Vice Chair Kring was absent. There were no public comments. The Draft Planning Commission minutes are provided as Attachment 3.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Section 15061(b)(3) provides the general rule that CEQA only applies to projects that have the potential to cause a significant effect on the environment. The request is for a Zoning Code amendment and associated specific plan adjustment to ensure transitional housing and supportive housing are regulated in the same manner as other residential dwellings in the same zone and therefore would not have a significant effect on the environment; therefore, the activity is not subject to CEQA.
IMPACT ON BUDGET:
The costs to process and implement this Code amendment are included in the Planning and Building Department’s FY 2024/25 General Fund budget.
Respectfully submitted,
Heather Allen
Acting Director of Planning and Building
Attachments:
1. Ordinance - Title 18 (Zoning)
2. Ordinance - Title 18 (Zoning) (Redline)
3. Draft December 16, 2024 Planning Commission Minutes