200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: DECEMBER 16, 2025
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: ANNUAL MUNICIPAL CODE UPDATE: AMENDMENTS TO
TITLE 6 (PUBLIC HEALTH AND SAFETY), TITLE 14
(TRAFFIC), AND TITLE 18 (ZONING) RELATED TO CODE
STREAMLINING AND IMPROVEMENTS; AMENDMENTS
TO TITLE 6 ADDING CHAPTER 6.103 (NITROUS OXIDE);
AND AMENDMENTS TO TITLE 6 ADDING CHAPTER 6.105
(KRATOM) (INTRODUCTION)
ATTACHMENT (Y/N): YES ITEM # 17
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by separate Ordinances:
1. Introduce amendments to Title 6 (Public Health and Safety), Title 14 (Traffic), and Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide clarity, create consistency of terms and definitions, streamline processes, comply with changes in State law to existing regulations, reflect current market trends, and support City Council Strategic Plan priorities, and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3) of Title 14 of the California Code of Regulations; and
2. Introduce amendments to Title 6 (Public Health and Safety), adding Chapter
6.103 (Nitrous Oxide) to regulate the sale of nitrous oxide to prevent illegal and recreational use, and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3) of Title 14 of the California Code of Regulations; and
3. Introduce amendments to Title 6 (Public Health and Safety), adding Chapter
6.105 (Kratom) to regulate the sale, distribution, and possession of kratom, and determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) Guidelines under Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3) of Title 14 of the California Code of Regulations.
Development Application No. 2025-00041
December 16, 2025
DISCUSSION:
In 2004, the City of Anaheim (City) comprehensively updated its Zoning Code. Since that time, the City has amended the Zoning Code and other relevant titles of the Code on an as-needed basis as the result of staff’s periodic review. These amendments have evolved into the Planning and Building Department’s award-winning annual code update program to provide clarity, create consistency with terms and definitions, streamline approval processes, comply with changes in State law to existing regulations, reflect current market trends, and support City Council Strategic Plan priorities. This program annually evaluates existing requirements and review processes to identify potential changes to increase efficiency, improve service delivery, and respond to changing regulatory and market demands.
Similar to previous amendments, this request includes modifications to permitted land uses, development standards, procedures, and definitions contained in Title 18 (Zoning). In addition, in coordination with the Department’s Community Preservation and Licensing Division, the amendments include modification to Title 6 (Public Health and Safety) related to nuisances and Title14 (Traffic) for consistency with State Law regarding the use of a commissary. Because the Code includes the Zoning and Development Standards for the City’s specific plans, the request includes the Zoning Code Amendment and corresponding Specific Plan Adjustments. A redlined version of this ordinance and the summary and analysis of these amendments is provided as Attachments 4 and 5, respectively.
A few notable changes in the proposed amendments to Title 18 (Zoning) include:
• Accessory Dwelling Units (ADU): The proposed amendments would bring the City’s ADU regulations in compliance with State law and include the following:
o The allowable number of units permitted on a single-family property would increase from three (one primary unit, one ADU, and one JADU) to four total units (one primary unit, one ADU converted from existing space in a primary unit, one new construction ADU, and one JADU).
o JADUs would no longer be: 1) limited to conversion of existing space within the primary dwelling; and 2) subject to owner occupancy requirements, except when a JADU shares sanitation facilities (e.g. bathroom) with the primary unit. o Clarify that an ADU cannot exceed the habitable area of the primary dwelling, unless the primary dwelling is under 800 square feet.
o Specify that no development standard may prevent construction of an 800-square- foot ADU, except for life-safety requirements.
o Clarify that adding an ADU or JADU does not require installation of fire sprinklers if they are not already existing in the primary dwelling, except as an alternative for meeting other standards.
• Employee Housing: The proposed amendments would implement recent State housing law changes related to “Employee Housing” associated with agricultural uses. These amendments would also implement the City’s Housing Element (Affordable Housing Opportunity Strategy 5M) and ensure consistency with State requirements. The proposed amendments include the following:
o Replace the “Agricultural Workers Quarters” accessory land use with the State- defined “Employee Housing” as a primary land use
Development Application No. 2025-00041
December 16, 2025
o Consider small employee housing (six or fewer employees) as a single-family use. o Permit larger facilities (up to 12 units or 36 beds) where agricultural uses are permitted.
• Landscaping: Two amendments are proposed associated with landscaping requirements as follows:
o In coordination with the Public Works Department, the list of trees allowed on private properties and slopes within the Scenic Corridor would be updated to align with the City’s recently updated permitted tree species list. o The options for single-family residences to meet front yard setback landscaping requirements would be expanded. This update would promote the use of drought- tolerant plants and modern design approaches by reducing the required percentage of living landscaping by 10% and increasing allowance for decorative and creative materials. This change would support the City’s commitment to water conservation and reflect evolving landscaping trends across the community. • Disneyland and Anaheim Resort Specific Plans: Following recent updates related to DisneylandForward, several internal references and clarifications are required to facilitate accurate and consistent implementation of the Specific Plans. The proposed changes provide clarifications related to certain types of signs and parking structure heights, which involve only administrative clarifications and corrections; no modifications to physical development standards or requirements are proposed.
Modifications to Title 6 (Public Health and Safety) and Title 14 (Traffic) include:
o Chapter 6.44 (Nuisances):
Streamline the process for emergency abatement;
Update incorrect references to Solid Waste Containers; and Add a provision regarding securing unprotected exterior access points for crawlspaces.
o Chapter 14.32 (Parking and Stopping):
Clarify that vehicles associated with the sale of goods or merchandise must return to an approved commissary for overnight parking.
Additionally, and in response to City Council direction on May 13, 2025 (nitrous oxide) and September 9, 2025 (kratom), in coordination with the Police Department, the annual code update also adds regulations related to the sale of nitrous oxide to prevent illegal and recreational use; and the sale, distribution, and possession of kratom. Specifically:
o New Chapter 6.103 (Nitrous Oxide) establishes reasonable local regulations to preserve and protect public health and safety with respect to the sale of nitrous oxide for recreational misuse and identifies criminal and civil penalties for violations. City regulations build on the California Penal Code to address the retail sale for intoxication.
o New Chapter 6.105 (Kratom) establishes reasonable local regulations to safeguard public health and safety by prohibiting the sale, distribution, or possession of specified kratom and 7- hydroxymitragynine products, prohibiting synthetic Development Application No. 2025-00041
December 16, 2025
enhancements, and restricting packaging and marketing practices that target minors; and identifies criminal and civil penalties for violations.
Planning Commission: On November 17, 2025, the Planning Commission unanimously (7-0) recommended City Council approval of the Zoning Code (Title 18) amendments. There were no public comments. The Draft Planning Commission minutes are provided as Attachment 6.
Environmental Impact Analysis: Staff recommends that the City Council find that the proposed Ordinances are not subject to the California Environmental Quality Act (CEQA). This determination is pursuant to Sections 15060(c)(2) and 15060(c)(3) because the proposed section will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines.
Further, this ordinance is covered by the common sense exemption pursuant to Section 15061(b)(3), which is that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Pursuant to this section, the proposed amendments and adjustments fit within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that the proposed amendments and adjustments would provide clarity, create consistency of terms and definitions, streamline approval processes, reflect current market trends, and add regulations with respect to misuse of substances in furtherance of the protection of health and safety, the proposed amendments and adjustments will not have a significant effect on the environment. Therefore, the activity is not subject to CEQA.
IMPACT ON BUDGET:
The costs to process and implement this Code amendment are included in the Departments’ FY 2025/26 General Fund budget.
Respectfully submitted,
Heather Allen
Planning and Building Director
Attachments:
1. Ordinance – Chapter 6.103 (Nitrous Oxide)
2. Ordinance – Chapter 6.105 (Kratom)
3. Ordinance – Titles 6, 14, and 18
4. Ordinance - Titles 6, 14, and 18 (Redline)
5. Summary of Amendments to Titles 6, 14, and 18
6. Draft November 17, 2025 Planning Commission Minutes