1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTERS 18.06 (MULTIPLE-FAMILY RESIDENTIAL
ZONES); 18.12 (MIXED-USE ZONE); AND 18.52
(AFFORDABLE HOUSING); 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. 2021-00223
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, the California Department of Housing and Community Development (“HCD”) reviewed the City’s 6th Cycle (2021–2029) adopted Housing Element in accordance with Government Code Section 65585, and issued a comment letter dated July 10, 2025, requiring the City to take immediate action to clarify technical provisions related to: (1) establishing non- discretionary review procedures for housing developments that include at least 20 percent affordable units; (2) ensuring the application of minimum residential densities; (3) applying residential performance standards in non-residential zones where residential uses are allowed; and (4) providing appropriate cross-references for sites used in a prior planning period; 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 request is for a Code amendment and adjustment to clarify technical provisions of the Code; and therefore, would 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. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 18.06.180 (Use of Sites from Previous Housing Element Cycle) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.180 Notwithstanding other provisions of this Title, by-right development shall be provided to qualifying projects pursuant to Section 65583.2(c) of the Government Code as the same may be amended from time to time and on file with the Planning and Building Department as Planning Standard Detail No. 13.
SECTION 2. That Section 18.12.070 (Floor Area) of Chapter 18.12 (Mixed-Use 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 The minimum floor area for single-family attached and detached, two-family, and multiple-family dwellings in the mixed-use zones is shown in Table 12-F. .020 Non-Residential Uses. There is no minimum floor area for non-residential uses. .025 Mixed-Use Developments. On sites identified in the City’s Sixth Cycle Housing Element Candidate Site Inventory as providing units in the Low and Very Low Income Category, if in a mixed-use project and at least twenty percent (20%) of the total units are restricted for lower- income households, as defined by the California Department of Housing and Community Development, residential uses shall occupy a minimum of fifty percent (50%) of the total floor area of the project.
Table 12-F
MINIMUM FLOOR AREA: MIXED-USE ZONES
Zone Minimum Floor Area
MU-C 1,225 square feet
MU-LM Studio Units: 550 square feet.
One-Bedroom Units: 650 square feet.
Two-Bedroom Units: 825 square feet.
Three-Bedroom Units: 1,000 square feet.
More Than a Three-Bedroom Unit: 1,000 square feet plus 200 square feet for each bedroom over three.
MU-MID Same as MU-LM
MU-MED Same as MU-LM
MU-H Same as MU-LM
MU-UC The floor area requirements for individual dwellings shall be determined as part of the final plan review.
MU-I Same as MU-LM
3 .030 Calculations. For purposes of this section, a "Bedroom" is defined in Section
18.92.050 ("B" Words, Terms and Phrases) of the Anaheim Municipal Code. .040 Modifications. The standards prescribed in Table 12-F may be modified pursuant to a conditional use permit. The application shall be processed pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Permits).
SECTION 3. That Section 18.52.010 (Purpose) of Chapter 18.52 (Affordable Housing) 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 The purpose of this chapter is to facilitate the development of rental and for-sale housing 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).
.040 On sites identified in the City’s Sixth Cycle Housing Element Candidate Site Inventory as providing units in the Low and Very Low Income Category, development review shall be by-right consistent with Section 65583.2, subdivisions (h) and (i) of the California Government Code, if at least twenty percent (20%) of the total units are restricted for lower-income households, as defined by the California Department of Housing and Community Development.
Any subdivision of the site shall remain in accordance with Chapter 17.08 (Subdivisions), unless prohibited by State law.
SECTION 4. 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 5. CERTIFICATION.
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. 4 SECTION 6. 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 ______________, 2025, 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:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM