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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: SEPTEMBER 9, 2025
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00223, CITY-
INITIATED CLARIFYING TECHNICAL AMENDMENTS
RELATED TO IMPLEMENTATION OF THE SIXTH CYCLE
HOUSING ELEMENT, INCLUDING A GENERAL PLAN
AMENDMENT TO UPDATE THE GENERAL PLAN LAND USE
ELEMENT TABLE LU-2 (RESIDENTIAL LAND USE
DESIGNATIONS); AMENDMENTS TO TITLE 18 (ZONING) OF
THE ANAHEIM MUNICIPAL CODE (CODE) MODIFYING
CHAPTERS 18.06 (MULTIPLE-FAMILY RESIDENTIAL
ZONES); 18.12 (MIXED-USE ZONE); AND 18.52
(AFFORDABLE HOUSING)
ATTACHMENT (Y/N): YES ITEM # 13
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council take the following actions:
1. By Resolution, approve an amendment to the General Plan Land Use Element [includes determination that the amendment is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the State CEQA Guidelines] (Attachment 1); and
2. By Ordinance, introduce amendments to various sections of Title 18 (Zoning) of the Anaheim Municipal Code and determine that the proposed actions are not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Attachment 2).
DISCUSSION:
In April and May 2025, the draft Sixth Cycle Housing Element and associated actions were approved and adopted by the City Council. The adopted Housing Element and its implementation package was submitted to the California Department of Housing and Community Development (HCD) for compliance review and certification on May 16, 2025.
On July 10, 2025, HCD found the Housing Element in substantial compliance with State Housing Element Law which allowed the release by the State of the City’s Permanent Local Housing Allocation (PLHA). However, HCD identified four General Plan Update
September 9, 2025
technical provisions requiring clarification within 60 days for consistency with State Housing Element Law in order to complete certification. HCD staff provided Technical Assistance to City staff to facilitate compliance. These required clarifications as identified in the HCD letter and the corresponding proposed amendments are as follows:
1. Non-Discretionary Review for Housing Developments with 20% Affordability Amend Section 18.52.010 (Purpose) of the Zoning Code to allow the by-right review of housing developments on designated Sixth Cycle Housing Element sites if at least 20% of the units are affordable to lower-income households, in accordance with Government Code Section 65583.2 subdivisions (h) and (i). Subdivision of these sites in the form of a tract or parcel map would still comply with the City’s existing discretionary subdivision regulations, unless otherwise prohibited by State law.
2. Requiring Minimum Densities
Amend Table LU-2 in the General Plan Land Use Element for the Medium Density and Mixed- Use Medium Land Use Designations to clarify that properties listed in the Sixth Cycle Housing Element as potential sites for low- and very low-income housing are required to have a minimum residential density of 20 dwelling units per acre (du/ac) if at least 20% of the proposed units are for lower-income households (as defined by the State). There is no change to the maximum 36 du/ac for either designation.
3. Residential Performance Standards in Non-Residential Zones Amend Section 18.12.070 (Floor Area) of the Zoning Code to require for sites designated in the Housing Element as providing units in the low- and very low-income category, when a project is mixed-use and at least 20% of the total residential units are restricted for lower- income households, that the residential uses to occupy at least 50% of the total floor area of the project.
4. Cross-Reference to Sites Used in Prior Planning Period Amend Section 18.06.180 (Use of Sites from Previous Housing Element Cycle) of the Zoning Code to specify a reference document, in the form of Planning Standard Detail No. 13, that lists sites eligible for by-right review pursuant to Government Code Section 65583.2(c) because they were identified in both the Fifth and Sixth Housing Element cycles.
Planning Commission: On August 11, 2025, the Planning Commission unanimously recommended City Council approval of the Land Use Element and Zoning Code amendments, 7-
0. The Draft Planning Commission minutes are provided as Attachment 5.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed actions are not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Pursuant to this section, the proposed amendments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. These amendments do not authorize any new development or modify land use designations beyond what is already permitted under existing regulations. Rather, they streamline implementation, ensure internal consistency of terms and standards, and remove ambiguity in the development review processes. Thus, the proposed General Plan Update
September 9, 2025
amendments would not have a significant effect on the environment; therefore, the activity is not subject to CEQA.
CONCLUSION:
Staff recommends City Council approval of clarifying technical amendments to Development Application No. 2021-00223 in compliance with State law and in satisfaction of the required revisions from HCD. These amendments facilitate the provision of lower-income units on sites identified to meet the shortfall of lower-income housing need when an affordable housing development is proposed.
IMPACT ON BUDGET:
The costs to process and implement these amendments are included in the Planning and Building Department’s FY 2025/26 General Fund budget.
Respectfully submitted,
Heather Allen
Planning and Building Director
Attachments:
1. Resolution for General Plan Amendment
2. Ordinance for Zoning Code Amendment
3. Table LU-2
4. HCD Letter dated July 10, 2025
5. Draft August 11, 2025 Planning Commission Minutes