6299ORDINANCE NO. 6299
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 4.05 (SHORT-TERM RENTAL PROGRAM) TO
TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SHORT-TERM RENTAL
PERMITS.
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 and its residents; and
WHEREAS, it has recently come to the City's attention that an ever increasing number
of owners of residential dwelling units within the City of Anaheim ("City") have been renting
their residential dwelling units for business purposes to tourists and visitors to the City on a
s hort-term basis for lodging or sleeping purposes for periods of less than thirty (30) consecutive
days, which has escalated the demand for City services and, in some circumstances, created
adverse impacts in zoning districts where residential uses are permitted throughout the City;
and
WHEREAS, a number of dwelling units within the City's residential zones are rented
for less than thirty (30) days, often seven (7) days or less, with some of those rentals occurring
during times when the demand for parking and City services is greatest; and
WHEREAS, because many occupants of short-term rental units reside permanently
outside the City, the most effective way for the City to minimize problems associated with the
occupancy of short-term rental units is to impose responsibility upon the owners of short-term
rental units to control the conduct of guests and occupants of short-term rental units; and
WHEREAS, since short-term rental units are sometimes operated by agents and/or
owners who are not on-site and who exercise little or no supervision of occupants, a
regulatory program can implement guidelines that would allow for quicker response to
complaints or other issues as they occur; and
WHEREAS, since short-term rental units are not listed as a permitted or conditionally
permitted use, they are currently unregulated in the City; and
WHEREAS, such uses in some residential neighborhoods may have effects that can best
be addressed through an appropriate City regulatory program; and
WHEREAS, the use of residential dwelling units as short-term rental units for lodging or
sleeping purposes for periods of less than thirty (30) consecutive days provides alternative
lodging opportunities for tourists and visitors to the City; and
WHEREAS, the permitting, notification, and related requirements set forth in this
ordinance are necessary to prevent the continued and ever increasing burden on City services and
the adverse impacts on residential neighborhoods posed by short-term rental units; and
WHEREAS, in order to allow owners of short-term rental properties and short-term
rental units sufficient time to comply with the requirements contained in this ordinance, said
owners shall have until not later than July 31, 2014 to apply for a permit pursuant to this
ordinance, notwithstanding that this Ordinance shall become effective thirty (30) days after its
passage and adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 4.05 be, and the same is, hereby added to Title 4 of the Anaheim
Municipal Code to read in full as follows:
"CHAPTER 4.05 SHORT-TERM RENTALS
Sections:
4.05.010 Title.
4.05.020 Purpose and Intent.
4.05.030 Definitions.
4.05.040 Permit Required.
4.05.050 Agents.
4.05.060 Application for Permit.
4.05.070 Renewal of Permit.
4.05.080 Denial of Permit.
4.05.090 Filing Fee.
4.05.100 Conditions of Permit Issuance and Renewal.
4.05.110 Audit.
4.05.120 Violations/Penalties.
4.05.130 Procedure for Imposition of Penalties/Revocation.
4.05.140 Effect of Short -Term Rentals Ordinance on Other Provisions of Code.
4.05.150 Effective Date for Compliance.
4.05.010 TITLE.
This chapter is known as the "Short -Term Rentals Ordinance," may be cited as such, and will be
referred to herein as "this chapter."
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4.05.020 PURPOSE AND INTENT.
The use of residential dwelling units within the City of Anaheim as short-term rentals for lodging
or sleeping purposes for periods of less than thirty (30) consecutive days can escalate the demand
for city services and create adverse impacts in zoning districts that allow residential uses.
Incidents involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic
congestion, illegal parking of vehicles, and the accumulation of refuse can be directly related to
short-term rentals, which increasingly require response from police, fire, paramedic and other
city services. The purpose of this chapter is to regulate the activity of renting a dwelling unit in a
residential neighborhood in order to prevent the burden on city services and adverse impacts on
residential neighborhoods posed by short-term rentals by placing the responsibility upon the
owners of short-term rental units to control the conduct of guests and occupants.
4.05.030 DEFINITIONS.
The definitions contained in this section shall govern the construction, meaning and application
of words and phrases used in this chapter.
A. "Agent" shall mean an individual, company or entity engaged by the owner of a short-
term rental property to represent, manage or oversee the operations of a short-term rental unit or
short-term rental property on behalf of the owner and designated as such by the owner in
accordance with Section 4.05.060.
B. "City Manager" shall have the same meaning as Section 600 (City Manager) of the
Charter of the City of Anaheim, and shall include his or her authorized representative.
C. "Dwelling" is defined in Section 18.92.070 ("D" Words, Terms and Phrases) of Chapter
18.92 (Definitions) of this code.
D. "License Collector" shall have the same meaning as Section 1.01.305 (Construction—
"License Collector") of the code, and shall include his or her authorized representative.
E. "Planning Director" shall mean the Planning Director of the City of Anaheim or the
Planning Director's authorized representative, including the Community Preservation Manager
and any Community Preservation Officer or staff so designated by either the Planning Director
or the Community Preservation Manager to carry out responsibilities under this chapter.
F. "Off-street parking" shall mean the parking of vehicles on privately owned property that
the owner has the legal right to utilize for parking. All off-street parking required by this
Chapter shall conform to the provisions of Section 18.42.060 (Parking Dimensions and Access)
of Chapter 18.42 (Parking and Loading) of this Code. In no event shall off-street parking include
the use of landscaped areas or the blocking of public rights-of-way.
G. "Owner" shall mean the person(s) or entity(les) that hold(s) legal or equitable title to a
short-term rental unit. "Owner" includes a lessee where a lessee is offering a dwelling, or any
portion thereof, as a short-term rental.
J
H. "Person" means any individual, firm, partnership, joint venture, association, social club,
fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination acting as a unit.
I. "Rent" shall have the meaning provided in Section 2.12.005.080 of Chapter 2.12
(Transient Occupancy Tax) of this code and, for the purpose of this definition, the term
"operator" shall mean an "owner" leasing, subleasing, letting or hiring for occupancy.
J. "Short-term rental" shall mean the rental to a person or group of persons of a short-term
rental unit leased or owned by an owner for occupancy, for dwelling, lodging or sleeping
purposes for a period of less than thirty (30) consecutive calendar days in a zoning district where
residential uses are allowed.
K. "Short-term rental permit" shall mean an annual registration submitted to the City
pursuant to this chapter.
L. "Short-term rental property" means a parcel of real property, as shown on the latest
equalized tax assessment roll as maintained by the assessor of the County of Orange, upon which
a short-term rental unit (or units) is (are) maintained. "Short-term rental property" includes the
premises upon which a short-term rental unit is located, including parking areas, driveways,
landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.
M. "Short-term rental unit" shall mean a dwelling, or any portion thereof, that is being
rented, or is intended to be rented, as a short-term rental to a person or group of persons.
4.05.040 PERMIT REQUIRED.
.010 This chapter applies to all short-term rental units. No owner of a short-term
rental unit located within a zoning district where residential uses are allowed shall rent, offer to
rent, or advertise for rent the short-term rental unit to another person without a valid short-
term rental permit approved and issued in the manner provided for by this chapter.
.020 No agent or representative, real estate agent or broker, or professional services
company shall list or rent a short-term rental unit within the City of Anaheim without a valid
short-term rental permit for that short-term rental unit approved and issued pursuant to this
chapter.
4.05.050 AGENTS.
An owner may retain an agent or a representative to comply with the requirements of this
chapter, including, without limitation, the filing of a complete application for a short-term rental
permit that has been signed and notarized by the owner, the management of a short-term rental
property or short-term rental unit(s), the filing of all reports and remittance of transient
occupancy taxes, and the compliance with the conditions of the short-term rental permit and the
requirements of this chapter. The short-term rental permit shall be issued only to the owner of a
short-term rental unit or units. The owner of a short-term rental unit shall remain responsible for
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compliance with the provisions of this chapter and the failure of an agent to comply with this
chapter shall not relieve the owner of the owner's obligations under the provisions of this chapter
and shall be deemed non-compliance by the owner.
4.05.060 APPLICATION FOR SHORT-TERM RENTAL PERMIT.
.010 The owner or the owner's agent shall submit an application for a short-term rental
permit to the License Collector upon forms provided by the City. The application for a short-
term rental permit shall contain the following information:
A. The name, address and telephone number of the owner of the short-term rental
unit(s) for which the short-term rental permit is to be issued.
B. The name, address and telephone number of the agent, if any, of the owner of the
short-term rental unit(s).
C. The address of the short-term rental property proposed to be used as a short-term
rental unit(s).
D. The number of bedrooms and the applicable occupancy limit of the short-term
rental unit(s).
E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining
to the operation of a short-term rental unit.
F. Such other information as the License Collector or the Planning Director deems
reasonably necessary to administer this chapter.
.020 Upon a change of ownership of a short-term rental property or a change of the
agent or change in any material facts set forth in the application for a short-term rental permit,
including an application for the annual renewal thereof, a new short-term rental permit shall be
required to continue operation of the short-term rental property, which the owner shall submit to
the city within fourteen (14) days of said change.
4.05.070 RENEWAL OF PERMIT.
Notwithstanding the requirement for an owner to apply for a new short-term rental permit in the
event of any change described in subsection .020 of Section 4.05.060, above, and occurring
during the term of the short-term rental permit, an owner shall apply for and renew annually at
permit issuance anniversary date, indicating at renewal any changes to the information or
requirements set forth in Section 4.05.060, above.
4.05.080 DENIAL OF PERMIT.
No application for an initial short-temrental permit or a subsequent renewal thereof shall be denied
if the application meets the conditions of permit issuance pursuant to Section 4.05.100, unless a
short-term rental permit issued to the same owner for the short-term rental unit(s) has been
revoked or is in the process of being revoked pursuant to Section 4.05.130. The denial of a
short-term rental permit for any reason may be appealed in accordance with the provisions of
Section 4.05.130.
4.05.090 FILING FEE.
An application for a short-term rental permit shall be accompanied by a fee established by
resolution of the City Council; provided, however, the fee shall be no greater than necessary
to defer the cost incurred by the city in administering the provisions of this chapter.
4.05.100 CONDITIONS OF PERMIT ISSUANCE AND RENEWAL.
.010 All permits and renewals issued pursuant to this chapter are subject to the
following standard conditions:
.0101 The owner shall ensure that the short-term rental property and short-term
rental unit(s) comply with all applicable codes regarding fire, building and safety, and all other
relevant laws, regulations and ordinances.
.0102 The owner shall provide proof sufficient to the Planning Director in
consultation with the City Attorney that short-term rentals are not prohibited under any
Declaration of Covenants, Conditions and Restrictions or any other community
standards/guidelines governing the short-term rental unit and short-term rental property enacted
by a Homeowners' or Maintenance Association having jurisdiction over the short-term rental
property.
.0103 The short-term rental property and short-term rental unit(s) must be in
compliance with all Health and Safety Codes of the City prior to permit issuance. The City may
conduct an inspection of the short-term rental property and short-term rental unit(s) as the
License Collector or Planning Director deem necessary or prudent, including without limitation,
based upon any complaints or violations that occur or prior to a renewal of a permit.
.0104 The owner shall provide a twenty-four (24) hour emergency contact
that will be available to respond to issues at the short-term rental property within forty-five (45)
minutes to complaints regarding the condition, operation or conduct of occupants of a short-term
rental unit.
0105 The short-term rental property must have a minimum of two (2) off-
street parking spaces.
0
.0106 The short-term rental property and short-term rental unit(s) must have a
visible house number easily seen from the street, day or night.
.0107 Short-term rental property(les) and short-term rental unit(s) shall be used
only for overnight lodging accommodations. They may not be used for weddings, parties,
bachelor/bachelorette parties, conferences or similar events.
.0108 All advertising for the short-term rental shall include the City issued
permit number (REG ID#).
.0109 The primary overnight and daytime occupant of a short-term rental unit
must be an adult, eighteen (18) years of age or older. This adult must provide a telephone
number to the owner and shall be accessible to the owner by telephone at all times.
.0110 Prior to occupancy, the owner shall obtain the name, address, and driver's
license number or passport number of the primary adult occupant of a short-term rental unit.
The owner shall require that same adult to sign a formal acknowledgment that he or she is
legally responsible for compliance by all occupants and guests of a short-term rental unit with
the provisions of this chapter. This information shall be readily available upon request of any
police officer or employee of the city authorized to enforce this chapter or State law.
.0111 The owner shall require all occupants to agree to a minimum stay of
three (3) consecutive nights.
.0112 The owner shall limit overnight occupancy in a short-term rental unit to a
specific number of occupants, with the maximum number of overnight occupants to not exceed
two (2) persons within each short-term rental unit plus an amount that will not exceed three (3)
persons per bedroom within each short-term rental unit. The Planning Director may, when
unusual size, interior layout, parking or other physical characteristics are shown, approve a
greater maximum number of overnight occupants as part of a short-term rental permit application
or renewal.
.0113 The maximum number of vehicles allowed at a short-term rental property
shall be limited to the number of available off-street parking spaces. The owner must make a
sufficient number of off-street parking spaces accessible to tenants to accommodate the number
of vehicles allowed.
.0114 No on-site exterior signs are to be posted advertising a short-term rental at
the short-term rental property.
.0115 Trash and refuse shall not be left stored within public view, except in
proper containers for the purpose of collection by the responsible trash hauler and between
the hours of 5:00 p.m. the day before and 8:00 p.m. the day after the scheduled trash collection
days. The owner of a short-term rental property shall provide sufficient trash collection
containers and service to meet the demand of the occupants.
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.0116 Each lease or rental agreement for a short-term rental unit shall include the
following terms, notifications and disclosures, which shall also be posted in a conspicuous
location inside each short-term rental unit:
(a) The maximum number of occupants that are permitted and notification that
failure to conform to the maximum occupancy is a violation of this chapter.
(b) The number of off-street parking spaces provided on the short-term rental
property and the maximum number of vehicles that are permitted, along with a
summary of all applicable parking rules (e.g., street sweeping schedules, "permit
only" parking restrictions, durational time limit restrictions [such as "2 hour
parking only" or "no parking 2am - 6am"], etc.).
(c) The trash pick-up day(s) and applicable rules and regulations pertaining to
leaving or storing trash on the exterior of the short-term rental property.
(d) Notification that the occupant may be cited or fined by the city and/or
immediately evicted by the owner for violating any and all applicable laws, in
addition to any other remedies available at law, for creating a disturbance or for
violating other provisions of this chapter.
(e) The name of the owner's agent or the owner of the short-term rental
unit, and a telephone number at which that party may be reached at all times
and 9-1-1 Emergency information.
(0 Notification of the City's Loud and Unreasonable Noise Ordinance
(Chapter 6.73 of the code) which restricts excessive noise between the hours of 10
p.m. and 7 a.m.
(g) Summary of any applicable Covenants, Conditions and Restrictions
(CC&R's) and bylaws, including pool location and hours. of any Homeowners' or
Maintenance Association having jurisdiction over a short-term rental property.
The use of a short-term rental unit shall not violate any applicable conditions,
covenants or other restrictions on the short-term rental property upon which a
short-term rental unit is maintained.
(h) A copy of this chapter of the code, as the same may be amended from time to
time.
.0117 The owner shall ensure that the occupants and guests of a short-term rental
unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate
provisions of the Anaheim Municipal Code or any State law pertaining to noise, disorderly
conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are
expected to take any measures necessary to abate disturbances, including, but not limited to,
directing the occupants and guests of a short-term rental unit to cease the disturbing conduct,
calling for law enforcement services or city code enforcement officers, removing the
P9.,
occupant(s) and/or guests, or taking any other action necessary to immediately abate the
disturbance.
.0118 The owner shall, upon notification that occupants and/or guests of a short-
term rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct,
or committed violations of this code or State law pertaining to, but not limited to, noise,
disorderly conduct, overcrowding, illegal parking of vehicles, or the accumulation of refuse,
promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by
those occupants and/or guests. Failure of the owner or his or her agent to respond to calls or
complaints regarding the condition, operation, or conduct of occupants and/or guests of a short-
term rental unit in a timely and appropriate manner shall be grounds for imposition of penalties
as set forth in this chapter. Notwithstanding the foregoing, it is not intended that an owner or his
or her agent act as a peace officer or place himself or herself in an at -risk situation. The owner
or his or her agent shall report the name, violation, date, and time of disturbance of each
responsible party involved in three or more disturbances covered by this subsection to the
Planning Director.
.020 The Planning Director shall have the authority at any time to impose additional
standard conditions, applicable to all short-term rental units, as necessary, to achieve the
objectives of this chapter. A list of all such additional standard conditions shall be maintained
and on file in the office of the Planning Director.
.030 The Planning Director shall have the authority to impose additional conditions on
any short-term rental permit in the event of any violation of the conditions to the permit or the
provisions of this chapter subject to compliance with the procedures specified in Section
4.05.120.
.040 The Planning Director is authorized to modify the standard conditions upon
request of an owner or his or her agent based on site-specific circumstances for the purpose of
allowing reasonable accommodation of a short-term rental unit. All requests must be in writing
and shall identify how the strict application of one or more of the standard conditions create an
actual and unreasonable hardship to a property such that, if the requirement is not modified,
reasonable use of the property for a short-term rental would not be allowed. Any hardships
identified must relate to physical constraints to the subject site and shall not be self-induced or
economic. Any modifications of the standard conditions shall not further exacerbate an already
existing problem.
4.05.110 AUDIT.
Each owner and agent or representative of any owner shall provide access to each short-term
rental unit and any records related to the use and occupancy of the short-term rental unit to the
Planning Director at any time during normal business hours, for the purpose of inspection or
audit to determine that the objectives and conditions of this chapter are being fulfilled.
4.05.120 VIOLATIONS/PENALTIES.
.010 Violations. The following conduct shall constitute a violation for which
penalties specified in subsection .020 may be imposed or the permit suspended or revoked:
.0101 The owner has failed to comply with the standard conditions specified in
subsection .010 of Section 4.05.100, above;
.0102 The owner has failed to comply with the additional standard conditions (if any)
imposed by the Planning Director pursuant to the provisions of subsections .020 and/or .030 of
Section 4.05.100, above;
0103 The owner has willfully violated the provisions of this chapter;
.0104 The owner or its agent advertises an unpermitted short-term rental unit. For
purposes of this subsection, advertising includes announcing or portraying in any medium,
including electronic medium, that a dwelling is available or can be made available for occupancy
by a person, as that term is used in this chapter.
.020 Penalties. Violations specified in subsection .010 of this Section 4.05.120
shall be punishable pursuant to the civil citation provisions of Chapter 1.20 of this code, except
that:
(a) the penalty for a first violation within any twelve (12) month period shall range
from a notice of violation to a fine not to exceed two hundred dollars ($200);
(b) the penalty for a second violation within any twelve (12) month period shall range
from a fine not to exceed four hundred dollars ($400) to suspension or revocation of the
short-term rental permit pursuant to Section 4.05.130; and
(c) the penalty for a third violation within any twelve (12) month period shall be one
thousand dollars ($1,000) and the short-term rental permit may be suspended or revoked
pursuant to Section 4.05.130.
.030 Notwithstanding the provisions of Chapter 1.20, any notice of violation issued for
violations specified in this section may provide for a reasonable compliance date or time of less
than fifteen (15) calendar days but at least thirty minutes from the date or the time the notice of
violation is given if, due to the nature of the violation, a shorter compliance period is necessary
or appropriate, as determined in the reasonable judgment of the city official issuing the notice.
.040 The remedies provided for in this section are in addition to, and not in lieu of, all
other legal remedies, criminal or civil, which may be pursued by the city to address any violation
of this code or other public nuisance.
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4.05.130 PROCEDURE FOR IMPOSITION OF SUSPENSION AND/OR REVOCATION
OF SHORT-TERM RENTAL PERMIT.
The Planning Director shall have the right to suspend or revoke a short-term rental permit for any
violation of federal, state or local law. The Planning Director, or his/her authorized
representative, shall conduct an investigation whenever he or she has reason to believe that an
owner has committed a violation described in Section 4.05.120. Should the investigation reveal
substantial evidence to support a finding that a violation occurred, the Planning Director shall
issue written notice of intention to impose a suspension and/or revoke the permit. The written
notice shall be served on the owner, shall specify the facts which, in the opinion of the
Planning Director, constitute substantial evidence to establish grounds for imposition of the
suspension and/or revocation, and specify that the permit will be suspended or revoked
within thirty (30) days from the date the notice is given unless the owner files with the City
Clerk and before the suspension or revocation becomes effective a request for an appeal of the
decision.
Any person aggrieved by a decision of the Planning Director under this Chapter 4.05 may appeal
the decision in accordance with the appeal and hearing provisions of Chapter 1.20 of this code.
4.05.140 EFFECT OF SHORT-TERM RENTALS ORDINANCE ON OTHER
PROVISIONS OF CODE.
The issuance of any short-term rental permit pursuant to this chapter shall not relieve the
owner of the obligation to comply with all other provisions of this code pertaining to the use
and occupancy of the short-term rental or the property on which it is located.
4.05.150 EFFECTIVE DATE FOR COMPLIANCE.
An owner of a short-term rental unit shall apply for a permit pursuant to this chapter by no later
than July 31, 2014.
SECTION 2.
That Table 4-B (Accessory Uses and Structures: Single -Family Residential Zones) of Section
18.04.030 (Uses) of Chapter 18.04 (Single -Family Residential Zones) be, and the same is hereby,
amended to read in full as follows:
Table 4-13
P=permitted by Right
ACCESSORY USES AND
STRUCTURES:
C=Conditional Use Permit
Required
SINGLE-FAMILY RESIDENTIAL
ZONES
N=Prohibited
RH-
RH-
RH-
RS-
RS-
RS-
RS -Special
1
2
I 3
I 1
2
3
4
Provisions
11
Accessory
Subject to §§
Living
P
P
P
P
P
N
N
18.04.080.020
Quarters
& 18.38.020
Requires a
Agricultural
minimum lot
Workers
P
P
N
N
N
N
N
size of ten
Quarters
(10) acres
Subject to
18.38.030,
except that in
the RE-2
Zone, equine,
bovine, sheep,
goats & swine
Animal
P
P
P
P
P
P
P
may be kept,
Keeping
stabled,
tethered or
otherwise
maintained on
minimum
22,000 sq. ft.
parcels
Subject
to 18.38.050
Antennas—
P
P
P
P
P
P
P
(may require
Dish
a conditional
use permit)
Antennas—
P
P
P
P
P
P
P
Subject
Receiving
to 18.38.050
Day Care—
P
P
P
P
P
P
P
Subject
Large Family
to 18.38.140
Day Care—
P
P
P
P
P
P
P
Small Family
Subject
to 18.46.110;
this use may
Fences &
P
P
P
P
P
P
P
occur on a lot
Walls
with or
without a
dwelling
Greenhouses—
P
P
P
P
P
N
N
Private
Home
P
P
P
P
P
P
P
Subject
12
Occupations
to 18.38.130
Subject to
Chapter
18.46; this
Landscaping
P
P
P
P
P
P
P
use may
& Gardening
occur on a lot
with or
without a
dwelling
Mechanical
& Utility
Equipment—
P
P
P
P
P
P
P
Subject
Ground
to 18.38.160
Mounted
Mechanical
& Utility
Equipment—
N
N
N
P
P
P
P
Subject
Roof
to 18.38.170
Mounted
To serve
needs of
primary use
Parking Lots
P
P
P
P
P
p
p
only; four-car
& Garages
limit for
garages in
RS-1 and RS-
Zones
Petroleum
Storage—
P
P
P
P
P
P
P
Incidental
Recreation
Buildings &
P
P
P
P
P
P
P
Structures
Second Units
P
P
P
P
p
p
N
Subject
to 18.38.230
Subject to an
administrative
Short-Term
P
P
P
P
P
P
P
use permit as
Rentals
provided in
Chapter 4.05
Solar Energy
P
P
P
P
P
P
P
Panels
Subject to §
13
SFC'TTON I
That Table 6-13 (Accessory Uses and Structures: Multiple -Family Residential Zones) of
Section 18.06.030 (Uses) of Chapter 18.04 (Multiple -Family Residential Zones) be, and the same
is hereby, amended to read in full as follows:
Table 6-13
P=permitted by Right
ACCESSORY USES AND
C=Conditional Use Permit
STRUCTURES:
Required
MULTIPLE -FAMILY
N=Prohibited
18.38.170
Senior
C
C
C
C
C
C
N
1
Second Units
3
4
Animal
P
P
P
P
Signs
P
P
P
P
P
P
P
Subject to
Subject to § 18.38.050
Antennas—Dish
P
P
P
Chapter 18.44
SFC'TTON I
That Table 6-13 (Accessory Uses and Structures: Multiple -Family Residential Zones) of
Section 18.06.030 (Uses) of Chapter 18.04 (Multiple -Family Residential Zones) be, and the same
is hereby, amended to read in full as follows:
Table 6-13
P=permitted by Right
ACCESSORY USES AND
C=Conditional Use Permit
STRUCTURES:
Required
MULTIPLE -FAMILY
N=Prohibited
RESIDENTIAL ZONES
RM-
RM-
RM-
RM -
Special Provisions
1
2
3
4
Animal
P
P
P
P
Subject to § 18.38.030
Keeping
Subject to § 18.38.050
Antennas—Dish
P
P
P
P
(may require conditional
use permit)
Antennas—
P
p
P
P
Subject to § 18.38.050
Receiving
Day Care—
Large Family
P
P
P
P
Subject to § 18.38.140
Day Care—
P
P
P
P
Small Family
Subject to § 18.46.110; a
Fences &
fence or wall may occur
Walls
P
P
P
P
on a lot with or without
any other primary use
structure
Home
Occupations
P
P
P
P
Subject to § 18.38.130
Landscaping &
Subject to Chapter 18.46;
Gardens
P
P
P
P
this use may occur on a lot
with or without any other
14
SECTION 4.
That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of
Title 18 (Zoning) be, and same is hereby, amended to read in full as follows:
18.36.050 ACCESSORY USE CLASSES.
The following use classes are intended to describe only those uses that are
incidental to and customarily associated with a primary use or main structure
located on the same lot.
15
primary use structure
Mechanical &
Utility
Equipment—
P
P
P
P
Subject to § 18.38.160
Ground
Mounted
Mechanical &
Utility
Equipment—
P
P
P
P
Subject to § 18.38.170
Roof Mounted
Parking Lots &
P
P
P
P
To serve needs of primary
Garages
use only
Recreation
Buildings &
P
P
P
P
Structures
Second Units
P
P
P
P
Subject to § 18.38.230
Subject to an
Short -Term
administrative use permit
Rentals
P
P
P
P
as provided in Chapter
4.05
Signs
P
P
P
P
Subject to Chapter 18.44
Must be mounted on the
Solar Energy
P
P
P
P
roof and, if visible from
Panels
the street level, must be
parallel to the roof plane
Shall be screened from
Vending
P
P
P
P
view from adjacent non -
Machines
industrial property and
public rights-of-way
SECTION 4.
That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of
Title 18 (Zoning) be, and same is hereby, amended to read in full as follows:
18.36.050 ACCESSORY USE CLASSES.
The following use classes are intended to describe only those uses that are
incidental to and customarily associated with a primary use or main structure
located on the same lot.
15
.010 Accessory Living Quarters. This use class consists of one dwelling
unit per lot, used for non-paying guests or household employees, for an allowable
residence located on the same residentially zoned lot.
.020 Agricultural Workers Quarters. This use class consists of dwellings
occupied by employees primarily engaged in commercial agricultural operations,
and located on land owned or rented by the agricultural operator. Family
members of the agricultural employees may also live in the same unit.
.030 Amusement Devices. This use class consists of six (6) or fewer
amusement devices, and any number of amusement devices that occupy forty-
nine percent (49%) or less of the public floor area of an establishment.
.035 Automated Teller Machines (ATM's). This use class consists of cash
dispensing machines that are typically located inside an existing business.
.040 Animal Keeping. This use class consists of keeping of pets and
other domesticated animals owned by occupants of the lot, and not kept for
remuneration, hire or sale.
.050 Antennas—Dish. This use class consists of circular or nearly circular
antennas used for the reception of electronic signals relayed by satellites moving
through the sky.
.060 Antennas—Receiving. This use class consists of roof -mounted
antennas used for the reception of television, radio or other electronic signals
from ground -mounted transmitting antennas or relay stations.
.070 Bingo Establishments. This use class consists of establishments that
offer bingo games to the public for the purpose of fundraising for an organization.
.080 Caretaker Units. This use class consists of one dwelling unit per lot,
used for the sole purpose of providing security, maintenance or similar services
for an allowable non-residential use located on the same non -residentially zoned
lot.
.090 Day Care—Large Family. This use class consists of a day care
facility located in a single-family residence, where an occupant of the residence
provides care and supervision for between nine (9) and fourteen (14) children less
than eighteen (18) years of age for periods of fewer than twenty-four (24) hours
per day. Children less than the age of ten (10) years who reside in the home count
as children served by the facility.
.100 Day Care—Small Family. This use class consists of a day care
facility located in a single-family residence, where an occupant of the residence
provides care and supervision for eight (8) or fewer children less than eighteen
(18) years of age for periods of fewer than twenty-four (24) hours per
day. Children less than the age of ten (10) years who reside in the home count as
children served by the facility.
.105 Entertainment—Accessory. This use class consists of accessory
entertainment offered in conjunction with a restaurant as defined in Section
18.92.210 of this code or other primary land use. The entertainment provided is
intended to be part of the service provided at the establishment and is not the
primary draw of customers to the establishment. The entertainment is not the
primary source of income for the establishment. Typical land uses are coffee
houses with live music, restaurants with live music, and accessory music within a
bar.
.110 Fences & Walls. This use class consists of a continuous barrier,
including gates, that separates, screens, encloses or marks the boundary of a lot or
development. The barrier may consist of man-made materials, vegetative
materials, earthen berms, or other natural or fabricated barrier.
.120 Greenhouses—Private. This use class consists of a greenhouse,
detached from the main dwelling and no larger than twenty percent (20%) of the
main dwelling, used for gardening purposes. An attached greenhouse is
considered to be part of the main dwelling.
.130 Home Occupations. This use class consists of an occupation that is
carried on in any approved dwelling unit by the resident of the dwelling unit, and
is incidental to the use of the dwelling unit such that it does not change the
residential character of the unit or neighborhood.
.140 Landscaping & Gardens. This use class consists of the
noncommercial growing of trees, shrubs, flowers, gardens and other natural
planting materials, as well as the use of non -vegetative landscaping materials.
.150 Mechanical & Utility Equipment—Ground Mounted. This use class
consists of ground -mounted mechanical or utility equipment, such as
compressors, condensers, pipes used for heating and cooling, water backflow
devices, above -ground fire lines, pad -mounted transformers, and other activities
associated with and incidental to the main and accessory building.
.160 Mechanical & Utility Equipment—Roof Mounted. This use class
consists of roof -mounted mechanical or utility equipment, such as compressors,
condensers, pipes, vents, ducts, and other activities associated with and incidental
to the main building.
17
.170 Outdoor Displays. This use class consists of the display of
merchandise outside of an enclosed structure for the purpose of showing the
merchandise to potential buyers or users.
.180 Outdoor Storage. This use class consists of overnight storage of
materials or finished products that are associated with and incidental to the
primary use of the site.
.190 Parking Lots & Garages. This use class consists of open parking lots
and structures, including garages and carports, designed to be used for parking
automobiles. The overnight storage of work related vehicles used during business
hours is included in this use class.
.200 Petroleum Storage—Incidental. This use class consists of the storage
of petroleum products, such as small quantities of gasoline, oil and lighter fluid,
for use on-site, but not for resale or use off-site.
.210 Portable Food Carts. This use class consists of portable carts from
which coffee, non-alcoholic drinks, or prepared food is sold, and that are removed
during the hours when the principle use with which they are associated is not
operational.
.220 Recreation Buildings & Structures. This use class consists of
recreational uses associated with residential dwellings, such as swimming pools,
cabanas, dressing rooms, private noncommercial workshops, barns, tennis and
paddleball courts, play equipment, and non -habitable tree houses.
.225 Recycling Services—Consumer. This use class consists of small-scale
waste collection facilities as defined as a "Reverse Vending Machine" and "Small
Collection Facility" in Chapter 18.48 (Recycling Facilities).
.230 Retail Floor, Wall & Window Coverings. This use class consists of
the sale of tile, floor coverings, wall coverings, and window coverings as an
accessory use to a primary permitted industrial use.
.240 Second Units. This use class consists of an attached or detached
dwelling unit providing complete independent living accommodations and
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation, that is accessory to the primary dwelling
unit on the same site.
.250 Senior Second Units. This use class consists of an attached or
detached dwelling unit providing complete independent living accommodations
and facilities for one (1) or two (2) persons, both of whom are sixty-two (62)
years of age or older, including permanent provisions for living, sleeping, eating,
18
cooking and sanitation that are accessory to the primary dwelling unit on the same
site.
.260 Short -Term Rentals. This use class consists of the rental of an
approved short-term rental unit for occupancy, dwelling, lodging or sleeping
purposes for a period of less than thirty (30) consecutive calendar days in duration
in a zoning district where residential uses are allowed.
.270 Signs. This use class consists of any device used for visual
communication intended to attract the attention of the public and that is visible
from a public right-of-way or other properties. Items of merchandise normally
displayed within a show window of a business are not included.
.280 Solar Energy Panels. This use class consists of any solar collector(s)
or other solar energy device(s) whose primary purpose is to provide for the
collection of solar energy for space heating, space cooling, electric generation, or
water heating.
.290 Thematic Elements. This use class consists of non -occupiable
structures that are intended to add interest to a specific area. Examples include
gateways, towers, public art displays, monuments, fountains, sculptures, spires,
and similar architectural features.
.300 Vending Machines. This use class consists of an unattended, self-
service device that, upon insertion of a coin or token, dispenses something of
value, including food, beverages, merchandise or services.
.310 Warehousing & Storage -Outdoors. This use class consists of the
outdoor storage of equipment, materials, and finished products or refuse basic to
the operations of permitted uses, other than the storage classified under the
"Outdoor Storage Yards" use class.
SECTION 5. 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 herefrom 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.
10
SECTION 6. 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.
SECTION 7. 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 _ 6th day of May 2014, and thereafter
passed and adopted at a regular meeting of said City Council held on the 13th day of
May 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAINNOne
ATTEST:
6&z)
CITY CLERK OF THE CITY OF ANAHEIM
100968-v10/TReynolds
CITY OF ANAHEIM
' X, , /-Z
By:
MAYOR OF THE CITY OF ANAHEIM
20
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6299 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 6th day of May, 2014, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 13th day of May, 2014, by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of May, 2014.
"&J'o
CITY CLERK OF THE CITY OlJANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6299 and was published in the Anaheim Bulletin on the 22nd day of May,
2014.
40
P40A WN.�
Veliffitell
• U
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates; to
wit:
May 22, 2014
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 22, 2014
i
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLIC
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6299
(A(N ORDINANCE OF THE
��CITY OF ANAHEIM ADDING CHAPTER ))4.05
THEOATNAHEIMRM RMUNICIIPAL TO CODE4RELATIING$TO REGULATION)
RENTAL PERMITS.
This ordiGlance adds Chapter 4.05 (Shan -Term Rentals) to Title 4 (Business Re lation) of
the Anaheim Municipal Code for thg puf_pose of estatall@hinR a perrxlil prog7arn tete owners
of real ial dwelling unite who rant, otter to rent; or adYertise for rant said dvn ing units
to a ears or group of. persons for lcupan , dweUing, lodging os siemg purposes for
a penoef af'lass than thirty {30) consacEiNve enCar daya7 i:e., a ShorisTarrrl f#enial".
This ordblance also includes the addition of the definition of "Short -Term Rentals" in: (i)
Table A -B, (Accessory Uses and Structures: Sinole-Famiiv Hwui icnrisi �......I ,.c.
bf
I, Linda fk Andal City Clerk of the City of Anaheim, do hereby certl(ir that the toragbino is a
summary of Ordinance No. 6299 wtiic(r ordinance was introduced at a regular rheehng of
the C�'ty Zuncil of the City of Anah6kn on the 6th day of May, 2014 and was duly passed
afid adopted at a re lar meeting of said Council on the 13th day of May, 2014 by the fol-
lowing roll call vola of the members t))ereof: r
AYES: Mayor Taft, Council Memtael Eastman, Murray, Brandman and 11ring i
r
NOES: tions a
' I
ABSENT: None
ABSTAK None s
E
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6299 which has been "propared Pursuant to Section 512 of the Charter of the
- - -
tain ) tw of the full text of the ordlnanea, peorfaef the' Office of the "City
(�
4 7166, lease between 8:00 AM and 5:00 PM, Monday through Friday. There is no i
i for the copy.