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PC 2017/06/12 City of Anaheim Planning Commission Agenda Monday, June 12, 2017 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Bill Dalati  Chairperson Pro-Tempore: Michelle Lieberman  Commissioners: John Armstrong, Jess Carbajal, John Gillespie, Kimberly Keys, Steve White  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, June 8, 2017, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06-12-2017 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 06-12-2017 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2017-05918 (DEV2017-00050) Location: 2211 East Orangewood Avenue Request: To permit the sales and service of beer for on-site consumption within designated recreation areas for residents and guests of The George apartment community, which is currently under construction. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. This item was continued from the May 31, 2017 Planning Commission meeting. Request for continuance to June 26, 2017 Project Planner: Scott Koehm skoehm@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2017-05906 (DEV2017-00019) Location: 2121 West Crescent Avenue, Suite D Request: To permit and retain an existing church within an industrial and office complex. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net 06-12-2017 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2017-05920 TENTATIVE PARCEL MAP NO. 2017-112 (DEV2017-00030) Location: 505-555 North Euclid Street and 536 North Fairhaven Street Request: The applicant is requesting approval of the following entitlements: (i) a tentative parcel map to permit a 4-lot commercial subdivision; and, (ii) a conditional use permit to exceed the maximum floor area ratio for a portion of the project site. No modifications are proposed to the existing buildings on site. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Resolution No. ______ Project Planner: Lindsay Ortega lortega@anaheim.net ITEM NO. 5 ZONING CODE AMENDMENT NO. 2017-00140 (DEV2017-00047) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying various Zoning Code provisions in response to recent changes to State law pertaining to Accessory Dwelling Units also referred to as second units, in-law units or granny flats. If amendments to the Zoning Code are adopted, concurrent revisions to the Anaheim Municipal Code may be required for consistency purposes. Environmental Determination: The proposed action qualifies for a statutory exemption from the provisions of the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15282(h). This section establishes a statutory exemption for “the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.” Motion Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net 06-12-2017 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. June 7, 2017 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. Adjourn to Monday, June 26, 2017 at 5:00 p.m. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JUNE 12, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05918 LOCATION: 2211 East Orangewood Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is Lyon-Integral Anaheim Owner, LLC, represented by Ashley Liddiard. REQUEST: The applicant is requesting approval of a conditional use permit to allow the sale and on-site consumption of beer for residents and guests within designated recreation areas of The George apartment community. BACKGROUND: This item was continued from the May 31, 2017 meeting. The applicant submitted an additional request to continue this item to the June 26, 2017 meeting to provide staff and the applicant more time to identify proper operational procedures and conditions of approval. RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing for Conditional Use Permit No. 2017-05918 to the meeting of June 26, 2017 as requested by the applicant. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Continuation Request I (PTMU)Stadium District Sub-Area CDEV 2017-00050George Apa rtments I (PTMU)Gateway DistrictSub-Area BGATEWAY APARTMENT C-G (PTMU)OrangewoodDistrictPARKING LOT I (PTMU)Stadium District Sub-Area BVACANT PR (PTMU)Stadium District Sub-Area AANGEL STADIUMOF ANAHEIM PR (PTMU)Stadium DistrictSub-Area AANGEL STADIUMOF ANAHEIM I (PTMU)Stadium DistrictSub-Area BVACANT I (PTMU)Stadium District Sub-Area BVACANT I (PTMU)Orangewood DistrictBrewery I (PTMU)Orangewood DistrictINDUSTRIAL I (PTMU)Orangewood DistrictINDUSTRIAL E ORANGEWOOD AVE D U P O N T D R S D U P O N T D R E. KATELLA AVE E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY S . S T A T E C O L L E G E B L V D S .D O U G L A S S R D 2 2 1 1 Ea st Orangewood Avenue D E V N o. 2017-00050 Subject Property APN: 083-273-01 °0 50 100 Feet Aeria l Pho to:May 20 16 E ORANGEWOOD AVE D U P O N T D R S D U P O N T D R E. KATELLA AVE E. ORANGEWOOD AVE E. CHAPMAN AVE E. GENE AUTRY WAY S . S T A T E C O L L E G E B L V D S .D O U G L A S S R D 2 2 1 1 Ea st Orangewood Avenue D E V N o. 2017-00050 Subject Property APN: 083-273-01 °0 50 100 Feet Aeria l Pho to:May 20 16 A T T A C H M E N T N O . 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JUNE 12, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05906 LOCATION: 2121 West Crescent Avenue, Suite D (God is Love Christian Church) APPLICANT/PROPERTY OWNER: The applicant is Joseph Rojas representing the God is Love Christian Church. The property owner is Trifreeway Business Partner LP. REQUEST: The applicant requests approval of a conditional use permit (CUP) to permit and retain an existing church within an industrial and office complex. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2017-05906. BACKGROUND: The 3.44-acre property is developed with four single story industrial buildings. The property is located within the "I" Industrial zone and the General Plan designates the property for Industrial land uses. Surrounding land uses include an Anaheim Fire Station to the west across Valley Street, apartments to the south across Crescent Avenue, a water retention basin to the east, and industrial buildings to the north across a flood control channel. The church was originally established in 2009 and moved to its current location in 2013. In March 2015, the applicant applied for a business license to permit and retain a church at the subject property. The Planning Department informed the church that a CUP was required to permit a church in the Industrial zone. The business license was not issued and the case was referred to the Code Enforcement Division. Code Enforcement sent a courtesy notice to the applicant in October 2016 informing the church operator of the need to apply for a CUP or to cease operating. In January 2017, the applicant submitted an application for a CUP. The Code Enforcement case remains active, pending a determination on this application. CONDITIONAL USE PERMIT NO. 2017-05906 June 12, 2017 Page 2 of 4 PROPOSAL: The applicant proposes to permit and retain a 1,293 square foot church located within an industrial business complex. The church has approximately 45 members. The church offers a majority of its services on Sundays with a prayer meeting at 8:00 a.m., an English Bible study at 9:30 a.m., and a Spanish Bible study at noon. The applicant states that the noon service is the most well attended and averages 32 attendees (16 adults, 10 children, and 6 teenagers). The church also offers Spanish Bible study meetings Wednesday evenings at 7:00 p.m., which is generally attended by 36 parishioners. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Community and Religious Assembly uses are permitted in the Industrial Zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area. The City has not received any complaints regarding the religious services since the church began operating in early 2013. The use operates in a manner compatible with surrounding office, industrial, and residential uses, and is not anticipated to create any adverse impacts to the surrounding area. Conditions of approval to ensure that the church continues to operate in a compatible manner have been included in the draft resolution. These conditions would require that all parking shall occur on site and a school use or daycare other than Sunday Bible study shall not be permitted without prior approval of a conditional use permit. The industrial center has a total of 178 parking spaces provided on site. The Zoning Code does not specify a parking standard for Community and Religious Assembly uses, but permits parking to be determined by a Parking Letter or Parking Study that identifies the actual parking demand of the church. The applicant submitted an analysis of the parking demand of the existing church and the adjacent uses in the Letter of Request included in his CONDITIONAL USE PERMIT NO. 2017-05906 June 12, 2017 Page 3 of 4 application. The applicant also conducted on site parking counts during the times in which the church services were being held. Staff conducted parking counts on a Thursday at 12:30 p.m. and observed 42 spaces occupied. Staff conducted a second site visit on Sunday at 12:15 p.m. during the church’s peak service and observed 82 parking spaces to be occupied throughout the entire center. The applicant conducted additional parking counts of the property during the Wednesday evening services and the Sunday services. As shown in the tables below, the applicant surveyed the entire industrial center and observed less than half of the 178 parking spaces were occupied: Date Time Spaces Occupied Wednesday, May 17 7:00 p.m. 40 Wednesday, May 24 7:00 p.m. 52 Wednesday, May 31 7:00 p.m. 39 Date Time Spaces Occupied Sunday, May 14 8:15 a.m. 9:45 a.m. 12:15 p.m. 13 26 59 Sunday, May 21 8:15 a.m. 9:45 a.m. 12:15 p.m. 12 28 48 Sunday, May 28 8:15 a.m. 9:45 a.m. 12:15 p.m. 13 22 61 Additionally, Code Enforcement has not received any complaints from the surrounding residents regarding overflow or spillover parking into the adjacent neighborhoods or industrial centers. Based on the parking counts provided by the applicant and those conducted by staff, the operation of services during off-peak hours, and the lack of parking- related complaints, staff believes that the church would have sufficient parking spaces available and would not impose an undue burden on the adjacent industrial and residential uses. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2017-05906 June 12, 2017 Page 4 of 4 CONCLUSION: Staff believes that the existing church would be compatible with the surrounding land uses. The number of on-site parking spaces are adequate to serve the church and surrounding industrial uses based on the actual parking demand observed for the complex. Conditions of approval have been included to ensure that the church continues to operate in a compatible manner and that sufficient parking is provided. For these reasons, staff recommends approval of this request, subject to the recommended conditions of approval. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Request 3. Plans 4. Photos IDEV 2017-00019INDUSTRIALT (BCC)FIRE STATION RM-2STANFORD COURT130 DU RM-4O.C.F.C.D. RM-4TARA HILLAPARTMENTS368 DU TO.C.F.C.D. C-G (BCC)RETAIL IINDUSTRIAL C-G (BCC)RETAIL O.C.F.C.D. O.C.F.C.D. RM-2STANFORD COURT130 DU RM-4 (BCC)WATER WELLS 5 FREEWAY 5 FREEWAY W CRESCENT AVE N V A L L E Y S T W GRAM ERCY AVE W LAFAYETTE DR N C L E M S O N D R N W A K E F O R E S T D R W H A R T F O R D P L N C L E M S O N D R W. BROADWAY W. LA PALMA AVE W. LINCOLN AVE W. N . E U C L I D S T N . M A G N O L I A A V E N . B R O O K H U R S T S T W. CRESCENT AVE W. ROMNEYA DR W. LINCOLN AVE W. CRESCENT AVE 2 1 2 1 Wes t Cres cent Avenue Suite D D E V N o. 2017-00019 Subject Property APN: 072-060-32 °0 50 100 Feet Aeria l Pho to:May 20 16 5 FREEWAY 5 FREEWAY W CRESCENT AVE N V A L L E Y S T W GRAM ERCY AVE W LAFAYETTE DR N C L E M S O N D R N W A K E F O R E S T D R W H A R T F O R D P L N C L E M S O N D R W. BROADWAY W. LA PALMA AVE W. LINCOLN AVE W. N . E U C L I D S T N . M A G N O L I A A V E N . B R O O K H U R S T S T W. CRESCENT AVE W. ROMNEYA DR W. LINCOLN AVE W. CRESCENT AVE 2 1 2 1 Wes t Cres cent Avenue Suite D D E V N o. 2017-00019 Subject Property APN: 072-060-32 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05906 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00019) (2121 WEST CRESCENT AVENUE, SUITE D) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05906 to permit and retain an existing community and religious assembly use for premises located at that certain real property at 2121 West Crescent Street, Suite D, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 3.44-acres in size and is currently developed with four single story industrial buildings. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the “I” Industrial Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, a duly noticed public hearing was scheduled before the Planning Commission at the Civic Center in the City of Anaheim on June 12, 2017 at 5:00 p.m. to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the 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 "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2017-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2017-05906, does find and determine the following: 1. The proposed request to permit and retain a church in an existing industrial office complex is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with industrial buildings and there are a sufficient amount of parking spaces to accommodate the parking demand for the church. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare because the facility is located within an industrial building and a sufficient number of on-site parking spaces and adequate vehicle circulation are provided on site. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the surrounding streets to accommodate the use. 5. The granting of Conditional Use Permit No. 2017-05906 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05906, and further contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2017-05906 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, - 3 - PC2017-*** and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 12, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 12, 2017 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05906 (DEV2017-00019) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The facility shall comply with the occupancy requirements in accordance with the California Building and Fire Codes. A Building Permit shall be obtained within 90 days of the date of this resolution. Planning and Building Department, Planning Services Division OPERATIONAL CONDITIONS OF APPROVAL 2 The only school activity in connection with this church shall be religious or Bible study. This facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. Planning and Building Department, Planning Services Division 3 The facility shall operate in accordance with the Letter of Operation submitted as part of the application. Any changes to the facility’s operation described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 4 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 5 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division - 7 - PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 7 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com January 26, 2017 Pastor Joseph L. Rojas God is Love Christian Church 2121 W. Crescent Ave. Suite D. Anaheim, CA 92801 (714) 272-0189 /jtcjrojas@gmail.com City of Anaheim-Planning & Zoning 200 S. Anaheim Blvd, Suite 162 Anaheim, CA 92805 (714) 676-5139 Planning and Zoning Managers, Greetings in the name of the Lord Jesus Christ. This letter serves to introduce our congregation to the authorities of our great city of Anaheim. God is Love Christian Church is affiliated under the Church of the Nazarene and is located on 2121 W. Crescent Ave. Suite D, Anaheim, CA 92801. (BUS2015-00763/ & BUS2015-00764) God is Love Christian Church was started in June 2009 under the lead of Pastor Joseph Rojas. As a church our heart and mission is to serve our community as we share the message of love and hope based on the Holy Scriptures and provide a place of Bible learning, fellowship and worship for all families and cultures in our city. The purpose of this letter is for two main reasons: 1.seek approval for a conditional use permit -minor church (change to an “A”) in the same location (suite D) where we currently hold church meetings. 2.Provide you with a general overview of our church: a.Unit # and the use: Suite D at 2121 W. Crescent Ave., Anaheim, CA 92801 b.Our suite is used on Sundays: a. 8am to 9am for prayer meeting: attendance 6 adults. 3 Three vehicles are parked during such hour using a total 3 parking spaces. After the prayer meeting for one hours. Every one leaves the facility except the Lead Pastor. b.9:30am to 10:30am for our English Bible Study. Members in our English service: 10 adults, 3 children and 2 teenagers. Five vehicles are parked during such hour using a total of 5 parking spaces. Every one leaves the facility except the Lead Pastor and his family. c.12noon to 1:15pm for our Spanish Bible Study. Members in our Spanish service: 16 adults, 10 children and 6 teenagers. 8 vehicles are parked during such hour using a total of 8 parking spaces. Every one leaves the facility except the Lead Pastor and his ATTACHMENT NO. 2 God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com family. At times we get (approximately 2 adults per month) visitors from the apartment complex across from our location. Walk distance. c.Our Suite is used on Wednesday: a.from 7pm to 8:15pm for our Spanish Bible Study. Members in our Wednesday service: 20 adults, 10 children and 6 teenagers. 10 vehicles are parked during such hour using a total of 10 parking spaces. b.Our suite is also used once a month (2nd. Friday of each month) for our Women’s Bible study meeting/prayer. From 7pm to 9pm. 12 women attend such meeting and 5 vehicles are parked during such activity. Some carpool and/attend from walk distance. d.Total of parishioners: 25 adults, 8 teenagers, 12 children e.Walkers: approximately: 6 f.Carpoolers: 4 g.Weekly events: Wednesday evening. Weekend events: Sundays h.Available parking spaces available during church hours on Sundays and Wednesdays: 16. We occupied 8 to 10 spaces. i.Hours of operations of other businesses on 2121 W. Crescent: a.Suite E: Business office; Monday through Friday 9am to 5pm/ Next to our Suite. Sunday open by appointment. b.Suite F: Business office; Monday through Friday 9am to 5pm (Sunday-closed) / c.Suite G: Allegro Physical Therapy; Monday through Saturday 9am to 5pm (Sunday- closed) d.Suite A & H: Penhal Company- Offices; Monday through Friday 9am to 5pm (Sunday-closed) e.Suite B & C: Sports & Media Entertainment Office; Monday through Friday 9am to 5pm (Sunday-closed) Next to our suite. As a church we would like to continue offering spiritual support and Bible base instruction to our community, yet we want to adhere to all city regulations and safety rules to better serve and equip all attendees and future visitors and newcomer families seeking to start a new life and raise their family in our beautiful city of Anaheim. As a Pastor, I fell very privilege to serve in the city of Anaheim. I grew up in this city and also graduated from Anaheim High School. When I asked God, where He wanted me to serve as a minister, He clearly impressed in my heart: “in the city of Anaheim”. In advance, I would like to thank the Planning & Zoning Department for allowing us to be part of a great city and together make a positive contribution to the education and formation of families and all ethnic groups in our community. Respectfully yours, Pastor Joseph Rojas-Lead Pastor ATTACHMENT NO. 3 God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com Picture # 1: Inside Sanctuary/Suite D. Facing East of North Valley St. Picture # 2: Inside Sanctuary/Suite D. Facing East / North Valley St. ATTACHMENT NO. 4 God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com Picture # 3: Inside Sanctuary/Suite D. Facing West / North Valley St. Picture # 4: Inside Sanctuary/Suite D. Facing West / North Valley St. God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com Picture # 6: Outside Sanctuary/Suite D. Facing North from Crescent Ave. Picture # 7: Outside Sanctuary/Suite D. Facing East from North Valley St. God is Love Christian Church Pastor Joseph Rojas (714) 272-0189 / jtcjrojas@gmail.com Picture # 8: Outside Sanctuary/Suite D. Facing East from North Valley St. Picture # 9: Outside Sanctuary/Suite D. Facing North East from Crescent Ave. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JUNE 12, 2017 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 LOCATION: 505-555 North Euclid Street and 536 North Fairhaven Street (Anaheim Place) APPLICANT/PROPERTY OWNER: The applicant is Joe Haupt with Spectrum Development Group. The agent is Craig Lee with Joseph C. Truxaw & Associates. The property owner is Anaheim Place Partners, LP. REQUEST: The applicant is requesting approval of the following entitlements: 1) A Tentative Parcel Map to permit a 4-lot commercial subdivision; and, 2) A Conditional Use Permit (CUP) to exceed the maximum floor area ratio (FAR) for Parcels 1 and 3. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions determining that Class 1, Class 15, and Class 32 Categorical Exemptions are the appropriate environmental determinations for this request, and approving Conditional Use Permit No. 2017-05920 and Tentative Parcel Map No. 2017-112. BACKGROUND: The approximate 3.22-acre site is developed with a six story office building, an 11,000 square foot bank building, and a 17-unit senior apartment complex and is located in the “C-G” General Commercial zone. The General Plan designates the property for Mixed Use land uses. The surrounding land uses include commercial uses to the north and east, a surface parking lot to the south which is currently under construction, and single family residential uses to the west across Fairhaven Street. This property was originally developed as 24 separate lots with 12 single-family homes on Fairhaven Street and commercial uses along Euclid Street. A public alley separated the residential and commercial uses. A portion of this alley still remains, but will be abandoned before recordation of the final parcel map. The bank building was constructed at the northeast corner Crescent Avenue and Euclid Street in the early 1960’s. CONDITIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 June 12, 2017 Page 2 of 6 In 1969, the City Council approved Variance No. 2082 to permit a six story office building with a height greater than allowed by Code and fewer parking spaces than required by Code. In 1989, Conditional Use Permit No. 3155 was approved by the Planning Commission to permit a 2-story, 17-unit senior citizen apartment complex on the parcel at 536 North Fairhaven Street. PROPOSAL: The applicant proposes to consolidate 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center as follows: Parcel No. Area (acres) Current Land Use Proposed F.A.R. 1 1.61 Office Building 0.93 2 0.44 Parking 0 3 0.38 17-unit Apartment Complex 1.04 4 0.79 Chase Bank 0.32 No construction is proposed with this application; however, staff is currently reviewing a separate application from this applicant for the demolition and relocation of the Chase Bank building from Parcel 4 to Parcel 2. FINDINGS AND ANALYSIS: Tentative Parcel Map: Before the Planning Commission may approve the tentative parcel map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the property, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2) That the proposed subdivision of the property, as shown on Tentative Parcel Map No. 2017-112, including its design and improvements, is consistent with the zoning and development standards of the "C-G" Commercial Zone. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017-112, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017-112 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on Tentative Parcel Map No. 2017-112, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. CONDTIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 June 12, 2017 Page 3 of 6 The proposed subdivision would create four separate parcels. No physical modifications to the property or buildings are proposed at this time. The existing design of the site would remain consistent with the General Plan and the development standards of the General Commercial zone, with the exception of the floor area ratio being proposed on Parcels 1 and 3 as described in more detail below. The applicant also proposes to abandon the public alley and a condition of approval has been included in the draft resolution requiring that the City Council approve the abandonment of this alley prior to recordation of the final parcel map. On-site parking and access would remain unchanged. To ensure that adequate access and parking would be provided for all existing uses on site, a condition of approval has been included in the draft resolution requiring the recordation of a reciprocal access and parking agreement between all four proposed parcels. The proposed subdivision would not cause substantial environmental damage, serious public health problems, nor conflict with any existing easements, as no modifications or expansions of the existing uses are proposed at this time. Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Maximum Floor Area Ratio (FAR): The purpose of FAR limits are to regulate development intensity in order to ensure that build-out of the community does not cause an overburden to the local public infrastructure. Building intensities for non-residential land uses are measured by floor area ratio (FAR). An FAR is the ratio of total net floor area of a building to the total lot area. FAR describes the intensity of the use on a site and not necessarily the building height or site coverage. It does not include the area within parking structures used for parking and circulation or open outdoor storage areas. The images below are examples of the different ways in which a building may be configured to achieve a 0.50 FAR: CONDTIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 June 12, 2017 Page 4 of 6 The applicant is requesting to consolidate 24 parcels into four parcels and there are three buildings developed on the property. As a result, two of the proposed parcels would exceed the maximum 0.5 FAR allowed by the Zoning Code. The Code stipulates that the maximum FAR may be exceeded subject to approval of a CUP. The CUP process allows staff to review proposed FAR deviations on a case-by-case basis. In this case, no modifications or expansions to the existing buildings are proposed. Parcel 1 is proposed to be 1.61 acres and would include the existing six story office building which has a total floor area of 65,000 square feet; this would result in an FAR of 0.93 for Parcel 1. The office building is currently located on seven contiguous parcels with a total lot area of 0.96 acres. The current FAR for the office building on these seven parcels is 1.56. Therefore, the overall FAR and land use intensity would be reduced on the property in connection with this subdivision request. Additionally, the existing 17-unit two-story senior housing complex located on Parcel 3 has a total floor area of 17,425 square feet, resulting in an FAR of 1.04 which would also exceed the maximum FAR of 0.5. Although, the proposed Parcel 3 would not result in a change to the proposed property lines or any expansion of the existing senior housing complex, it is included as part of the tentative parcel map. CONDTIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 June 12, 2017 Page 5 of 6 As a result, since no modification or expansion is proposed, staff has determined that impacts to the surrounding infrastructure (traffic, sewer, and storm drain systems) would not be adversely impacted. Staff believes with the recommended conditions of approval, the existing uses would continue to be compatible with the surrounding area and recommends approval of the Tentative Parcel Map and the Conditional Use Permit to increase the FAR on two parcels. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the subject property is less than five acres in size and surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. Additionally, staff recommends the Planning Commission find that the effects of the proposed division of the property into four parcels is within that class of projects (i.e., Class 1 – Existing Facilities and Class 15 – Minor Land Divisions) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; and the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division. The proposed project will not result in any modification to the existing structures and is in conformance with the General Plan and Zoning Code, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONDTIONAL USE PERMIT NO. 2017-05920 AND TENTATIVE PARCEL MAP NO. 2017-112 June 12, 2017 Page 6 of 6 CONCLUSION: The subdivision will include a reciprocal access and parking agreement between the four proposed parcels ensuring adequate parking will be accessible to all existing uses. The proposed subdivision is consistent with the property’s underlying zoning, and the subdivision will improve the compliance of the property by consolidating the existing smaller lots. Lastly, since no new construction, modification, or expansion is proposed, impacts to the surrounding infrastructure (traffic, sewer, and storm drain systems) would not be adversely impacted. For these reasons, staff recommends approval of this request. Prepared by, Submitted by, Lindsay Ortega Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Tentative Parcel Map Resolution 2. Draft Conditional Use Permit Resolution 3. Letter of Request 4. Site Photographs 5. Tentative Parcel Map 6. Traffic Generation Memorandum 7. Class 32 Checklist C-G (MU)DEV 2017-00030ADJ 180 R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SFR C-G (MU)VACANT C-GRETAILRM-4GLENCREST APTS31 DU R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E C-GANAHEIM PLAZA(NORTH) RS-2SFR C-GANAHEIM PLAZASHOPPING CENTER C-GANAHEIM PLAZASHOPPING CENTER RS-2SFR C-G (MU)VACANT C-G (MU)VACANT R M -4 G L E N C R E S T A P T S 3 1 D U 5 FREEWAY5 FREEWAY N E U C L I D S T W CRESCENT AVE N E U C L I D S T N M A N O R S T W WESTMONT DR N F A I R H A V E N S T N P A R K W O O D S T W. BROADWAY W. LA PALMA AVE W. W. LINCOLN AVE N . B R O O K H U R S T S T N . H A R B O R B L V D S . E U C L I D S T N . L O A R A S T W. ROMNEYA DR W. LINCOLN AVEW.LIN C O LN AV E 5 0 5 -5 55 North Euc lid Street and536 North Fairhaven Street D E V N o. 2017-00030 Subject Property APN: 072-211-13072-211-41072-211-42072-211-39072-211-22072-211-24072-211-23072-211-40 °0 50 100 Feet Aeria l Pho to:May 20 16 5 FREEWAY5 FREEWAY N E U C L I D S T W CRESCENT AVE N E U C L I D S T N M A N O R S T W WESTMONT DR N F A I R H A V E N S T N P A R K W O O D S T N M A R I P O S A P L W. BROADWAY W. LA PALMA AVE W. W. LINCOLN AVE N . B R O O K H U R S T S T N . H A R B O R B L V D S . E U C L I D S T N . L O A R A S T W. ROMNEYA DR W. LINCOLN AVEW.LIN C O LN AV E 5 0 5 -5 55 North Euc lid Street and536 North Fairhaven Street D E V N o. 2017-00030 Subject Property APN: 072-211-13072-211-41072-211-42072-211-39072-211-22072-211-24072-211-23072-211-40 °0 50 100 Feet Aeria l Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 -1- PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2017-112 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00030) (505-555 NORTH EUCLID STREET AND 536 NORTH FAIRHAVEN STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Parcel Map No. 2017-112 to establish a 4-lot commercial subdivision for that certain real property located at 505-555 North Euclid Street and 536 North Fairhaven Street in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the 3.22-acre Property is currently developed with a 17-unit senior apartment building, a 65,000 square foot office building, and an 11,000 square foot bank, and is located in the "C-G" General Commercial Zone. The Anaheim General Plan designates this Property for Mixed Use land uses; and WHEREAS, on June 12, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Tentative Parcel Map 2017-112 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of minor land divisions and in-fill development meeting the conditions described in Section 15315 and 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to establish a 4-lot commercial subdivision, does find and determine the following facts: -2- PC2017-*** 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Mixed Use land use designation in the Anaheim General Plan and the development standards contained in the "C-G" General Commercial Zone; and, 2. The site is physically suitable for the type and size of the proposed commercial subdivision in that this flat lot is developed with a 65,000 square foot office building, 17-unit senior apartment complex, and 11,000 square foot bank building and is of adequate size to subdivide into four parcels and meet the necessary development standards of the “C-G” Commercial Zone. 3. The design of the subdivision, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site and no environmental impacts are anticipated as no development is proposed at this time. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed and other related Code requirements in that any future demolition, removal of structures, and future development will be subject to all City Code requirements for demolition and construction. 5. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2017-112, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -3- PC2017-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 12, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 12, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2017-*** -6- PC2017-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2017-112 (DEV2017-00030) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF FINAL PARCEL MAP 1. The final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and ensure that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Development Services, Public Works Department 2. The legal property owner shall irrevocably offer to dedicate to the City of Anaheim easements 53-foot in width from the street centerline of Euclid Street, 30-foot in width from the street centerline of Fairhaven Street, 34-foot in width from the street centerline of Crescent Avenue, ultimate ROW corner cut-back from the ultimate ROW of Euclid St. to the existing ROW of Westmont Drive, ultimate ROW corner cut-back from the ultimate ROW of Fairhaven St. to the existing ROW of Westmont Drive, ultimate ROW corner cut-back from the ultimate ROW of Fairhaven St. to the ultimate ROW of Crescent Ave., and the ultimate ROW corner cut-back from the ultimate ROW of Crescent Ave. to the ultimate ROW of Euclid St. for road, public utilities, and other public purposes. Corner cut-offs shall be in compliance with the latest version of Public Works Standard Detail 110-B based on the ultimate curb locations. Development Services, Public Works Department 3. An improvement certificate shall be placed on the final map to indicate that all street improvements along Euclid Street, Crescent Avenue, Fairhaven Street, and Westmont Drive per the latest version of Public Works Standard Detail 160-A at the time of construction and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Development Services, Public Works Department 4. An improvement certificate shall be placed on the final map to indicate that all required public sewer and storm drain improvements per the latest City requirements and standards at the time of construction and as approved by the City Engineer shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Development Services, Public Works Department -7- PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5. The legal property owner shall submit to Public Works, Development Services Division for review and approval of the City Council, the Abandonment application and appraisal of certain Public Alley that is requested to be abandoned. The Public Alley Abandonment shall be completed prior to recordation of the Final Map. The existing public sewer line within the abandoned alley shall be privately owned and maintained by the private property owner. Development Services, Public Works Department 6. The legal property owner shall submit to the City for review and approval a Reciprocal Easement Agreement for the benefit of all parcels for parking, access, ingress and egress, utility, and drainage purposes. The agreement shall be recorded prior to the abandonment of the public alley. The Final Map shall reference the recordation information of this agreement and of the abandonment. Development Services, Public Works Department 7. A maintenance covenant shall be submitted to the Public Works, Development Services Division and approved by the City Attorney’s Office. The covenant shall include provisions for maintenance of private facilities and private utilities, including compliance with an approved Water Quality Management Plan, if any, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Euclid Street, Crescent Drive, Fairhaven Street, and Westmont Drive. The covenant shall be recorded in the Office of the Orange County Recorder concurrently with the final map. Development Services, Public Works Department 8. The developer shall post a Monumentation bond in an amount approved by the City Engineer and in a form approved by the City Attorney. Development Services, Public Works Department 9. That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities Water Engineering 10. The existing 3-inch backflow prevention device on the 4-inch domestic water serving 505 N Euclid is substandard and must be replaced per Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering -8- PC2017-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 11. The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning and Building Department, Planning Services Division 12. Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 13. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 14. The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2017-*** RESOLUTION NO. PC2017-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05920 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00030) (505-555 NORTH EUCLID STREET AND 536 NORTH FAIRHAVEN STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05920 to exceed the maximum floor area ratio allowed by the Zoning Code for premises located at 505-555 North Euclid Street and 536 North Fairhaven Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 3.22-acres in size and is currently developed with a 17-unit senior apartment building, a 65,000 square foot office building, and an 11,000 square foot bank. The Land Use Element of the Anaheim General Plan designates the Property for Mixed Use land uses. The property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the “Code”). WHEREAS, if approved, Conditional Use Permit No. 2017-05920 will allow for an increased floor area ratio for Parcel 1 (0.93) and Parcel 3 (1.04), as set forth in Sections 18.08.045 (Floor Area Ratio) of the Code; and WHEREAS, on June 12, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said proposed Conditional Use Permit No. 2017-05920 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of existing facilities and in-fill development meeting the conditions described in Section 15301 and 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2017-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2017-05920, and in accordance with Section 18.08.045 (Floor Area Ratio) of the Code, does find and determine that all of the following conditions exist: 1. An increase in the maximum floor area ratio is permitted subject to the approval of a conditional use permit as authorized by Section 18.08.045. 2. The proposed request to permit a floor area ratio that exceeds the permitted 0.5 F.A.R. would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because no expansion of existing uses are proposed on site. Since no development is proposed, the proposed project would not have an adverse effect on the existing infrastructure in the area nor to adjacent residential and commercial uses; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because no modification or expansion is proposed. 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the no modification or expansion is proposed; therefore, the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the future uses; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would not result in a modification or expansion of the existing uses on site; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05920 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (“Conditions of Approval"). - 3 - PC2017-*** BE IT FURTHER RESOLVED that the Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2017-05920 are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2017-05920 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2017-05920 constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 12, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 12, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of June, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-*** - 6 - PC2017-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05920 (DEV2017-00030) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department 2 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 3 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department AT T A C H M E N T NO . 3 ATTACHMENT NO. 4 A T T A C H M E N T N O . 5 April 21, 2017 Mr. Joe Haupt Spectrum Development Group 27525 Puerta Real, Suite 100-154 Mission Viejo, California 92691 LLG Reference: 2.16.3770.1 Subject: Trip Generation Assessment for 505-555 Euclid Street Anaheim, California Dear Mr. Haupt: Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Trip Generation Assessment for the existing mixed-use development at 505-555 Euclid Street in the City of Anaheim. Based on information you provided, a Tentative Parcel Map (No. 2017-112) is being processed with the City, and a trip generation evaluation of proposed changes is required. No construction or change of land use is proposed, and the existing development will be divided into four parcels. Project Traffic Generation Forecast Comparison Analysis Traffic generation is expressed in vehicle trip ends, defined as a one-way vehicular movement, either entering or exiting the generating land use. Typically, traffic generation rates used in traffic forecasting procedures are found in Trip Generation, Ninth Edition, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2012]. These ITE trip rates are presented in Table 1. Based on the application of ITE trip rates to the existing project components (will not be changed as part of the proposed parcel map, and therefore correspond to future conditions, as well), Table 1 indicates that the project generates 2,061 daily trips, 98 AM peak hour trips, and 228 PM peak hour trips, on a typical weekday. Dividing the existing project site into four parcels will not result in any change in the existing trip generation. Applying a 100-peak hour trip threshold (consistent with the City’s criteria for determining whether a traffic impact study is warranted) indicates that the proposed Tentative Parcel Map (No. 2017-112) will not require the preparation of a traffic impact analysis or any further traffic assessment. ATTACHMENT NO. 6 Mr. Joe Haupt April 21, 2017 Page 2 N:\3800\2173821 - 505-555 Euclid St, Anaheim\3821 ltr 4-21-17.doc We appreciate the opportunity to work on this project. Please call us at (949) 825- 6175 if you have any questions or comments regarding this analysis. Sincerely, Linscott, Law & Greenspan, Engineers Trissa (de Jesus) Allen, P.E. Senior Transportation Engineer California Registration: Traffic 2231 TABLE 1 TRIP GENERATION ESTIMATES 505-555 Euclid Street, Anaheim AM Peak Hour PM Peak Hour Description Size Daily In Out Total In Out Total ITE Trip Rates [a] General Office (trips per 1,000 SF) 11.03 88% 12% 1.56 17% 83% 1.49 Walk-in Bank (trips per 1,000 SF) na na na na 44% 56% 12.13 Senior Adult Housing - Attached (trips per DU) 3.44 34% 66% 0.20 54% 46% 0.25 Existing and Future Project Components General Office 61,000 SF 673 84 11 95 15 76 91 Bank [b] 11,000 SF 1,330 0 0 0 59 74 133 Senior Apartment Complex 17DU58123224 Existing and Future Trip Generation 2,061 85 13 98 76 152 228 Notes: [a] Source: Trip Generation (9th Edition), Institute of Transportation Engineers (ITE), 2012. [b] For the bank, daily trips were assumed to be 10 times the PM peak hour trips, and AM peak hour trips were presumed to be zero. Weekday CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEVELOPMENT CASE NO. 2017-00030 CONDITIONAL USE PERMIT NO. 2017-05920 TENTATIVE PARCEL MAP NO. 2017-012 PROJECT APPLICANT: OWNER: COMPANY: Anaheim Place Partners, LP ADDRESS: 6 Venture, Suite 100 CITY/ST/ZIP: Irvine, CA 92618 PHONE: 949-724-9400 APPLICANT: NAME: Joe Haupt COMPANY: Spectrum Development Group ADDRESS: 6 Venture, Suite 110 CITY/ST/ZIP: Irvine, CA 92618 E-MAIL: 949-788-0904 PHONE: joe.haupt@spectrum-development.com AGENT: NAME: Craig Lee COMPANY: Joseph C. Truxaw & Associates ADDRESS: 265 S. Anita Drive, Suite 111 CITY/ST/ZIP: Orange, CA 92868 E-MAIL: 714-935-0265 PHONE: joetruxaw@truxaw.com PROJECT ADDRESS: 505-555 North Euclid Street and 536 North Fairhaven Street, on the west side of Euclid Street and east side of Fairhaven Street, between Westmont Drive and Crescent Avenue APN(s): 072-211-13, 22, 23, 24, 39, 40, 41, 42 ATTACHMENT NO. 7 SURROUNDING LAND USES AND SETTING: The approximate 3.22-acre site is developed with a six-story office building, an 11,000 square foot bank building, and a 17-unit senior apartment complex and is located in the “C-G” General Commercial zone. The General Plan designates the property for Mixed Use land uses. The surrounding land uses include commercial uses to the north and east, a surface parking lot to the south which is currently under construction, and single family residential uses to the west. PROJECT DESCRIPTION: The applicant proposes to consolidate 24 existing parcels into a 4- lot commercial subdivision for an existing commercial center as follows: Parcel No. Area (acres) Current Land Use 1 1.61 Office Building 2 0.44 Parking 3 0.38 17-unit Apartment Complex 4 0.79 Chase Bank No construction is proposed with this application; however, staff is currently reviewing a separate application from this applicant for the relocation of the Chase Bank from Parcel 4 to Parcel 2. GENERAL PLAN DESIGNATION: Mixed Use ZONING: “C-G” Commercial General INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? The site is designated for Mixed Use land uses by the General Plan, and is in the “C-G” Commercial General Zone, which is consistent with the Proposed Project. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? This 3.22-acre site is located in the City of Anaheim and is currently occupied with a six- story office building, an 11,000 square foot bank building, and a 17-unit senior apartment complex. The site is designated for Mixed Use land uses by the General Plan. Surrounding land uses include commercial uses to the north and east, a surface parking lot to the south which is currently under construction, and single family residential uses to the west. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site is currently developed with a six-story 65,000 square foot office building, an 11,000 square foot bank building, and a 17-unit senior apartment complex, and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There is no construction involved with the Proposed Project. No significant impacts would occur. Operation - The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. The City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project is expected to generate 100 or more new vehicle trips in the AM or PM peak hour, would contribute 51 or more peak-hour trips to any Congestion Management Program (CMP) monitored intersection, would generate 1,600 daily trips if located on the CMP highway system, or would generate 2,400 daily trips if adjacent to the CMP highway system. Traffic generation is expressed in vehicle trip ends, defined as a one-way vehicular movement, either entering or exiting the generating land use. Typically, traffic generation rates used in traffic forecasting procedures are found in Trip Generation, Ninth Edition, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2012]. Based on the application of ITE trip rates to the existing project components (will not be changed as part of the proposed parcel map, and therefore correspond to future conditions, as well), the Trip Generation Assessment indicates that the project generates 2,061 daily trips, 98 AM peak hour trips, and 228 PM peak hour trips, on a typical weekday. Dividing the existing project site into four parcels will not result in any change in the existing trip generation. Applying a 100-peak hour trip threshold (consistent with the City’s criteria for determining whether a traffic impact study is warranted) indicates that the proposed Tentative Parcel Map (No. 2017-112) will not require the preparation of a traffic impact analysis or any further traffic assessment. Neither roadway segments nor immediately surrounding intersections are anticipated to be significantly impacted as a result of the Proposed Project. b. Noise: Construction - There is no construction involved with the Proposed Project. No significant impacts would occur. Operation - The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center that will continue to generate noise impacts consistent with the existing commercial center and surrounding land uses. No significant impacts would occur. c. Air Quality: The Proposed Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Proposed Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction involved with the Proposed Project. No significant impacts would occur. Operation - The Proposed Project’s regional emissions resulting from operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Proposed Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 10.12 13.01 46.14 0.13 10.35 3.8 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Proposed Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project-generated vehicle trips. It is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. No significant impacts would occur. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. Existing fire protection services are considered minimal and are met with existing fire resources. Provision of fire services are anticipated to be adequately funded by an increase in tax revenue, over an extended period of time. Additional fire personnel and associated facilities and equipment would be provided through the annual Operating Budget and Capital Improvement Program review process. Annually, Fire Department needs would be assessed and budget allocations revised accordingly to ensure that adequate levels of service are maintained throughout the City. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, the Proposed Project would not result in the need for new or physically altered fire protection facilities. Impacts to fire services would be less than significant. b. Police Protection: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. The Proposed Project would not result in the need for new or physically altered police protection facilities. Impacts to police services would be less than significant. c. Schools: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. Impacts would be less than significant. d. Parks: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. Impacts would be less than significant. e. Other Public Facilities: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. Impacts would be less than significant. f. Wastewater/Sewer: The Proposed Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Proposed Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in Euclid Avenue, adjacent to the Proposed Project. Based on the anticipated generation of wastewater (sewage) from the Proposed Project relative to the capacity that is available, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. g. Storm Water Drainage: The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. The Proposed Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on or offsite. The Proposed Project would not involve an alteration of the course of a stream or river. Less than significant impacts would occur. h. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Proposed Project consists of the consolidation of 24 existing parcels into a 4-lot commercial subdivision for an existing commercial center. There is no construction or change in use involved with the Proposed Project. The supply of local water needed to support the existing use is not substantial. Therefore, the production rates of local wells would not be significantly impacted. The Proposed Project would also result in similar amounts of impervious surfaces than what currently exist on the site. Therefore, the development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea, permitted to accept approximately 8,000 tons of waste per day. In April, 2016 Assembly Bill 1826 requires businesses in California to recycle their organic waste based on the amount generated per week. The Proposed Project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The project site is located in a built-out, urban setting. The site and the surrounding properties are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed restaurant use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. 6/6/17 Signature of City of Anaheim Representative Date Christine Saunders, Associate Planner (714) 765-5238 Printed Name, Title Phone Number 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JUNE 12, 2017 SUBJECT: ZONING CODE AMENDMENT NO. 2017-00140 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 15 (Building and Housing) and Title 18 (Zoning) of the Anaheim Municipal Code (AMC or Code) in response to recent changes to State law pertaining to Accessory Dwelling Units (ADUs), which are also referred to as second units, in-law units or granny flats. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance qualifies for a statutory exemption from the provisions of the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15282(h) and recommend to the City Council approval of Zoni ng Code Amendment No. 2017-00140. PROPOSAL: The City proposes to amend Title 15 (Building and Housing) and Title 18 (Zoning) of the AMC in response to recent changes to State law pertaining to ADUs. The proposed Code amendment would modify the following chapters:  15.70 (Preservation of Rental Housing Properties)  18.04 (Single-Family Residential Zones)  18.06 (Multiple-Family Residential Zones)  18.14 (Public and Special-Purpose Zones)  18.36 (Types of Uses)  18.38 (Supplemental Use Regulations)  18.40 (General Development Standards)  18.42 (Parking and Loading)  18.92 (Definitions)  18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 2 of 7 BACKGROUND: The State legislature first adopted regulations for second units in 1982. As a result, the City has allowed second units in single-family zones, in some form or another, since the early 1980s. The State legislature adopted subsequent amendments to the original law in 1986, 1990 and 1994. Under these earlier regulations, municipalities could require a conditional use permit for second units. In 2003, the State legislature approved AB 1866, which prohibited municipalities from requiring a conditional use permit for second units. In response to AB 1866, the City created a separate ordinance to regulate second unit in accordance with State law, including allowing ministerial approval of second units. This was completed as part of the General Plan update and associated comprehensive Zoning Code Amendment in 2004. In Anaheim, a total of 26 second units have approved and constructed since 2005 (see Attachment 1). In 2016, the State legislature passed three bills related to ADUs: Senate Bill (SB) 1069, Assembly Bill (AB) 2299 and AB 2406. The legislation clarified that second units would be referred to from this point forward as ADUs and effectively nullified and voided the City’s existing Second Unit Ordinance. Municipalities have the option to adopt local regulations to implement the new legislation. Alternatively, municipalities can default to State law for regulation of ADUs. However, as discussed below, municipalities are given a certain amount of discretion if local regulations are adopted. Staff recommends adoption of the attached draft ordinance. Under the new State law, ADUs can be either attached to the main dwelling unit, including garage conversions, detached and on the same lot as the main dwelling unit or located within the living area of the existing dwelling unit, as shown below. Implementation of SB 1069 and AB 2229 became mandatory for jurisdictions as of January 1, 2017. Below are the provisions of SB 1069 and AB 2299:  ADU applications will be approved or disapproved within 120 days after a complete application is received;  One ADU must be permitted per lot in all single family zones or any lots containing an existing single family home;  The property owner is allowed to rent the ADUs but it cannot be sold separate from the primary dwelling unit; ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 3 of 7  ADUs may be sized up to 50 percent of the living area of the existing primary dwelling unit, with a maximum increase in floor area of 1,200 square feet;  Existing garages that are converted to ADUs are not required to meet typical setback requirements;  If an ADU is constructed above an existing detached garage, municipalities cannot require a setback of more than five feet from the ADU to the side and rear property lines;  Municipalities cannot require more than one parking space per ADU or per bedroom in the ADU;  Municipalities must allow off-street parking requirements to be met through tandem parking, within required setback areas, covered parking or extended driveways;  Municipalities must waive parking requirements for ADUs that are (see Attachment 2): o within a half mile from public transit o within an architecturally and historically significant historic district o part of an existing primary residence or an existing accessory structure o in an area where on-street parking permits are required but not offered to ADUs o located within one block of a car share area  Fire sprinklers can only be required for ADUs if they would be required for an equivalent addition to the primary dwelling unit;  Additional streamlined requirements relating to setbacks and other development standards apply to ADUs that are contained entirely within existing structures;  Local agencies may not collect water and sewer connection fees for ADUs that do not add habitable floor space; and,  Local agencies must structure fees for ADUs so that they are proportional to the impacts on service demand. Implementation of AB 2406 is optional. This bill creates a new class of ADUs called Junior Accessory Dwelling Units (JADUs) that are entirely contained within the footprint of existing homes. JADUs must incorporate an existing bedroom, include an efficiency kitchen, have a door leading directly to the outside of the house, and be less than 500 square feet. This new law also requires jurisdictions to permit JADUs without an off-street parking space and without utility connection charges. At this time, staff does not recommend implementing AB 2406 as part of the City’s new ADU Ordinance because implementation of SB 1069 and AB 2299 will allow for efficiency unit as small as 400 square feet, thereby incorporating many of the provisions of AB 2406. On May 31, 2017, Staff presented a study session on this topic to the Planning Commission. The purpose of this session was to gather feedback prior to formal consideration of an ADU ordinance. The analysis below reflects the feedback received by the Planning Commission. ANALYSIS: After studying this issue in depth and discussing the matter with the Planning Commission, staff is recommending that the City’s existing second unit ordinance be repealed and that a new ordinance regulating ADUs be adopted in accordance with State law. As listed above, the new State law includes specific provisions that municipalities must implement. However, the legislation also give municipalities a certain amount of discretion in adopting their respective ADU Ordinance. The following includes an analysis of the provisions that the City can regulate as part of its ADU Ordinance along with staff’s main recommendations for implementation of these regulations. ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 4 of 7 Prohibited Areas: While municipalities must permit ADUs within existing structures in all single-family zones or any lots containing an existing single family home, the City can establish development standards for ADUs that require an addition or new accessory structure, and ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks. Staff recommends that new ADUs be prohibited in areas that the City has identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure as a matter of public health and safety. Owner-occupancy: State law gives municipalities the discretion whether or not to require the property owner to live in either the primary dwelling unit or the ADU. Not requiring owner- occupancy could create a market for investors to acquire residential properties and develop ADUs to maximize rental income. As a result, the City could experience a surge in absentee property owners with little to no oversight of their properties. To prevent absentee property owners from taking advantage of this new law, staff recommends requiring owner-occupancy for all properties where a new ADU is proposed. ADU Parking Spaces: For those ADUs that are outside the state-established parking exempt criteria, the City can determine whether to require one space per ADU or one space per bedroom. Staff recommends requiring one space per bedroom to minimize parking impacts to surrounding neighborhoods. State law allows municipalities to require replacement parking for the existing residence when property owner converts the garage to an ADU. The replacement parking may be covered, uncovered and/or in tandem on the property, as shown below. ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 5 of 7 Maximum Structural Height: State law allows municipalities to determine the maximum structural height of ADUs. Staff recommends that the maximum height of a detached ADU not exceed the height of the main dwelling unit to prevent ADUs from being out of scale with the main dwelling unit. Given that an attached ADU will visually appear as an addition to the main dwelling unit, staff recommends that the maximum height of an attached ADU be as permitted by the underlying zone. Minimum and Maximum ADU Size: State law gives municipalities the discretion to set the minimum and maximum size of new ADUs so long as the established unit sizes do not burden the development of ADUs. Staff recommends that new ADUs be limited in size as shown in the table below. Staff established the recommended minimum (400 s.f.) and maximum (900 s.f.) ADU sizes based on the typical size of units built to date, including those constructed under the previous Second Unit Ordinance. As noted below, staff also recommends that the City allow ADUs of up to 1,200 square feet in size in the Estate Density Zones. These zones are located within the Anaheim Hills area and contain larger lots, typically at least a half-acre to an acre in size, which can accommodate larger units. Accessory Dwelling Unit Type Minimum Allowable Floor Area Maximum Allowable Floor Area Efficiency Unit - Attached 400 square feet 30% of main dwelling unit or 549 square feet, whichever is less Efficiency Unit - Detached 400 square foot 50% of main dwelling unit or 549 square feet, whichever is less Studio, One-Bedroom or Two- Bedroom Attached - Attached 550 square foot 30% of main dwelling unit or 900/1,200* square feet, whichever is less Studio, One-Bedroom or Two- Bedroom Attached - Detached 550 square foot 50% of main dwelling unit or 900/1,200* square feet, whichever is less *The maximum size is 1,200 square feet in the RH-1 and RH-2 Zones. The maximum size is 900 square feet in all other zones. Structural Setbacks: Notwithstanding the setback requirements established by State law, municipalities have the discretion to determine the minimum structural setbacks of new ADUs. Staff recommends that ADUs comply with the existing setbacks of the underlying zone, similar to the requirements of the City’s previous Second Unit Ordinance, and as shown in the table below. Further, staff also recommends that detached ADUs be located no closer to the front property line than the front-most wall of the main dwelling unit to prevent ADUs from being the most visible structure along the primary street frontage. ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 6 of 7 Design and Neighborhood Compatibility: State law allows municipalities discretion to ensure that new ADUs are compatible with the main dwelling unit and surrounding neighborhood. Staff recommends several design standards to ensure that new ADUs are architecturally compatible to the main dwelling unit, including the use of similar colors, textures and materials. Staff also recommends standards to minimize privacy impacts on the adjacent properties such as requiring that windows and doors be oriented away from surrounding properties for ADUs constructed as a second story. Environmental Impact Analysis: Section 21080.17 of the California Environmental Quality Act (CEQA) establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to ADUs. The proposed Code amendment is consistent with this exemption . ZONING CODE AMENDMENT NO. 2017-00140 June 12, 2017 Page 7 of 7 CONCLUSION: The proposed amendments are in response to recent changes to State law pertaining to ADUs. The new State law includes specific provisions that municipalities must implement; however, the legislation gives the City a certain amount of discretion in adopting its ADU Ordinance. Staff intends its recommendations for implementation of the new ordinance to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. As such, staff recommends approval of this Zoning Code Amendment. Prepared b y, Submitted by, Gustavo N. Gonzalez Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Second Units Approved (2005-2017) 2. ADU Parking Exempt Areas 3. Draft Ordinance ATTACHMENT NO. 1 ATTACHMENT NO. 2 1 ATTACHMENT NO. 3 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 15.70 (PRESERVATION OF RENTAL HOUSING PROPERTIES) OF TITLE 15 (BUILDING AND HOUSING) AND CHAPTER 18OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE FOR THE PURPOSE OF REGULATING ACCESSORY DWELLING UNITS AND COMPLYING WITH STATE LAW AND FINDING AND DETERMINING THAT THIS ORDINANCE QUALIFIES FOR A STATUTORY EXMEPTION FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15282(H) OF THE STATE CEQA GUIDELINES. (ZONING CODE AMENDMENT NO. 2017-00140) (DEV2017-00047) WHEREAS, pursuant to Section 18.38.230 (Second Units) of Title 18 (Zoning) of the Anaheim Municipal Code, a "Second Unit" is an attached or detached residential dwelling unit on a lot zoned for residential use that provides complete independent living accommodations and facilities for living, sleeping, eating, cooking and sanitation for one or more persons on the same parcel as an established single-family dwelling unit and is permitted provided that certain standards are met; and WHEREAS the State of California has identified housing construction as a statewide priority and the legislature has adopted numerous reforms and incentives to facilitate and expedite its production of housing including recent changes to State law to reduce barriers, streamline approvals and encourage the development of accessory dwelling units; and WHEREAS on September 27, 2016, the Governor of California approved Senate Bill 1069 (Chapter 720, Reg. Sess. 2016) ("SB 1069"), which eliminated perceived barriers to the development of accessory dwelling units and prohibits local governments from adopting an ordinance precluding accessory dwelling units; and WHEREAS, on September 27, 2016, the Governor of California approved Assembly Bill 2299 (Chapter 735, Reg. Sess. 2016)("AB 2299"), which requires local governments to ministerially approve accessory dwelling units if they comply with certain parking requirements, design standards, and development standards; and 2 WHEREAS, any ordinance of a local government that does not meet the requirements of SB 1069 and AB 2299 is null and void; and 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 purpose of this ordinance is to comply with State law regarding the development of accessory dwelling units and to implement the goal and policy of the housing chapter of the Anaheim General Plan regarding accessory dwelling units. It is also the purpose of this ordinance to preserve the integrity and character of residential neighborhoods and rename Second Units as "Accessory Dwelling Units"; 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 “S tate 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 statutorily exempt from the provisions of CEQA per State CEQA Guidelines Section 15282(h) which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code; and WHEREAS the City Council has identified, by resolution of the City Council, areas of the City with insufficient water and sewer services and where accessory dwelling units result in impacts to traffic circulation and public safety and therefore accessory dwelling units may not be permitted in such areas; and WHEREAS, the City Council determines that this ordinance is a matter of citywide 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; and WHEREAS, the City Council finds that the ordinance complies with State law regarding the development of accessory dwelling units, and implements the goal and policy of the Housing and Safety Elements of the General Plan by ensuring that adequate housing to meet the needs of the community is served by adequate public utility infrastructure. 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 15.70.070 (Exemptions) of Chapter 15.70 (Preservation of Rental Housing Properties) of Title 15 (Building and Housing) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: A. Unless otherwise specified in this section, the following rental housing units shall be exempt from the requirements of this Chapter: 1. Rental housing units that receive funding or subsidies from federal, state or local government when the rental housing units are inspected by a federal, state or local governmental entity at least once every twenty (20) years as a funding or subsidy requirement and the owner of the rental housing unit or the owner's representative submits information to the Director within sixty (60) days of being notified that an inspection is required that demonstrates the periodic federal, state or local government inspection is substantially equivalent to the inspection required by this Chapter; 2. Rental housing units that, within the past twenty (20) years, have been newly constructed and either have been issued a certificate of occupancy or have passed final inspection of construction by the City. The twenty (20) year period begins to run on the earlier of the date of final inspection of construction or the date of issuance of the certificate of occupancy by the Building Division; and 3. Second Units or Senior Second Units, provided that the owner lives in one of the units on the property and an immediate family member lives in the other housing unit on the same property. (Ord. 6297 § 1 (part); March 4, 2014.) 4. Accessory Dwelling Units as defined in Section 18.36.050 and subject to the provisions of Section 18.38.015. 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) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 4-B ACCESSORY USES AND STRUCTURES: SINGLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-4 Special Provisions Accessory Living Quarters P P P P P N N Subject to § 18.04.080.020 & § 18.38.020 4 Accessory Dwelling Unit P P P P P P P Subject to 18.38.015 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size of ten (10) acres Animal Keeping P P P P P P P Subject to 18.38.030, except that in the RH-2 Zone, equine, bovine, sheep, goats & swine may be kept, stabled, tethered or otherwise maintained on minimum 22,000 sq. ft. parcels Antennas–Dish P P P P P P P Subject to 18.38.050 (may require a conditional use permit) Antennas– Receiving P P P P P P P Subject to 18.38.050 Day Care–Large Family P P P P P P P Subject to 18.38.140 Day Care–Small Family P P P P P P P Fences & Walls P P P P P P P Subject to 18.46.110; this use may occur on a lot with or without a dwelling Greenhouses– Private P P P P P N N Home Occupations P P P P P P P Subject to 18.38.130 Landscaping & Gardening P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling Mechanical & Utility Equipment– Ground Mounted P P P P P P P Subject to 18.38.160 Mechanical & Utility Equipment– Roof Mounted N N N P P P P Subject to 18.38.170 Parking Lots & Garages P P P P P P P To serve needs of primary use only; four-car limit for garages in RS-1 and RS-2 Zones 5 Petroleum Storage–Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Second Units P P P P P P N Subject to 18.38.230 Short-Term Rentals P P P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Solar Energy Panels P P P P P P P Subject to § 18.38.170 Senior Second Units C C C C C C N Signs P P P P P P P Subject to Chapter 18.44 SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential Zones) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RM-1 RM-2 RM-3 RM-4 Special Provisions Accessory Dwelling Units P P P P Subject to 18.38.015; only allowed on properties with an existing single-family residence Animal Keeping P P P P Subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 (may require conditional use permit) Antennas–Receiving P P P P Subject to § 18.38.050 Day Care–Large Family P P P P Subject to § 18.38.140 Day Care–Small Family P P P P Fences & Walls P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure 6 Home Occupations P P P P Subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P Second Units P P P P Subject to § 18.38.230 Signs P P P P Subject to Chapter 18.44 Short-Term Rentals P P P P Subject to an administrative use permit as provided in Chapter 4.05 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Vending Machines P P P P Shall be screened from view from adjacent non-industrial property and public rights-of-way SECTION 4. That Table 14-B (Accessory Uses and Structures: Public and Special- Purpose Zones) of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special-Purpose Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: Table 14-B ACCESSORY USES AND STRUCTURES: PUBLIC AND SPECIAL-PURPOSE ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited OS PR SP T Special Provisions Accessory Dwelling Unit N N N P One Accessory Dwelling Unit allowed on a single-family detached dwelling unit on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a General Plan Residential Land Use designation of Estate, Low Density, Low- Medium Hillside Density and Low-Medium Density. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The 7 development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Accessory Entertainment N P P P Subject to § 18.16.060 in conjunction with a commercial use Agricultural Workers Quarters N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 Antennas–Dish P P P P Subject to § 18.38.050 Antennas– Receiving P P P P Subject to § 18.38.050 Bingo Establishments N N P P Subject to Chapter 7.34 Caretaker Units P P P P Subject to § 18.38.090 Day Care–Large Family N N N P Subject to § 18.38.140 Day Care–Small Family N N N P Fences & Walls P P P P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; subject to § 18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment– Ground Mounted P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage– Incidental N N N P 8 Portable Food Carts N P P P Subject to § 18.38.210 Recreation Buildings & Structures P P P P Recycling Services– Consumer N P P P Subject to Chapter 18.48 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Vending Machines P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 5. That Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated 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. .005 Accessory Dwelling Unit. This use class consists of an attached or detached residential dwelling unit on a lot zoned for residential use, which provides complete independent living accommodations and facilities for one (1) or more persons, which includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a legally established single-family dwelling. An Attached Accessor y Dwelling Unit is attached to the main dwelling unit, having at least one (1) common wall and a common roof with the main dwelling unit. A Detached Accessory Dwelling Unit is detached from the main dwelling unit. .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. 9 .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 10 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 separate, 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, electric vehicle charging stations 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. .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. 11 .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, 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. 12 .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. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 25; April 22, 2008: Ord. 6245 §§ 49, 50; June 5, 2012: Ord. 6299 § 4; May 13, 2014: Ord. 6382 § 34; October 18, 2016.) SECTION 6. That Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Chapter 18.38 SUPPLEMENTAL USE REGULATIONS Sections: 18.38.010 Purpose. 18.38.015 Accessory Dwelling Units 18.38.020 Accessory living quarters. 18.38.025 Alcoholic beverage manufacturing. 18.38.030 Animal keeping. 18.38.040 Antennas – private transmitting. 18.38.050 Antennas – receiving. 18.38.060 Antennas – telecommunications. 18.38.065 Automotive – Sales Agency Office (Retail) and Automotive – Sales Agency Office (Wholesale). 18.38.070 Automobile service stations. 13 18.38.080 Bed& Breakfast Inns. 18.38.085 Recreation–Billiards. 18.38.090 Caretaker Units. 18.38.095 Carnivals and Circuses. 18.38.100 Condominium conversions. 18.38.105 Contractor's Office & Storage. 18.38.110 Convenience Stores. 18.38.115 Commercial centers. 18.38.120 Commercial use of a residential structure. 18.38.125 Emergency shelters. 18.38.130 Home occupations. 18.38.135 Festival permit. 18.38.140 Large family day care homes. 18.38.150 Laundromats. 18.38.155 Markets. 18.38.160 Mechanical and utility equipment – ground mounted. 18.38.170 Mechanical and utility equipment – roof mounted. 18.38.180 Oil production. 18.38.190 Outdoor displays. 18.38.200 Outdoor storage. 18.38.205 Plant nurseries. 18.38.210 Portable food carts. 18.38.220 Restaurants – outdoor seating and dining. 18.38.230 Second Units. 18.38.240 Special events. 18.38.245 Special event regulations within The Platinum Triangle. 18.38.250 Tile sales. 18.38.260 Smoking lounges. (Repealed by 6245 § 61, 6/5/12) 14 18.38.270 Veterinary services and animal boarding. SECTION 7. That Section 18.38.015 (Accessory Dwelling Units) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code, and the same is hereby, to read in full as follows: 18.38.015 ACCESSORY DWELLING UNITS. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Accessory Dwelling Units are a valuable form of housing in California. It is the intent of the City to permit Accessory Dwelling Units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments. .020 Density Provisions. An Accessory Dwelling Unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory single-family residential use which is consistent with the existing general plan and zoning designations for the lot. .030 Number of Units Per Parcel. No more than one (1) Accessory Dwelling Unit shall be allowed on a single lot. An Accessory Dwelling Unit shall not be allowed on a site with more than one dwelling unit. .040 Existing Lot and Uses. An Accessory Dwelling Unit shall be allowed if the existing lot and dwelling meet the following requirements: .0401 The lot on which the Accessory Dwelling Unit is proposed to be established shall contain one existing permanent single-family dwelling, and no existing accessory living quarters, as defined in Section 18.38.020, Senior Second Unit (granny unit), guest house, servant's quarters or similar facility, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section; .0402 The Accessory Dwelling Unit is allowed in the zone in which it is proposed; .0403 The existing lot is a minimum of five thousand (5,000) square feet, except as may be provided in subsection .160 (Approval) of this Section 18.38.015; 15 .0404 The existing residential use complies or, as proposed, will comply with current parking requirements, except as may be provided in Section 18.42.030; and .0405 If the existing main dwelling unit and any associated accessory structures comply with current zoning requirements, unless otherwise legally established, an Accessory Dwelling Unit may be permitted, provided the Accessory Dwelling Unit complies with the requirements of this section. .050 Prohibited Locations. Accessory Dwelling Units are not permitted in any area of the City identified, by resolution of the City Council, to be areas with insufficient sewer infrastructure where accessory dwelling units result in impacts to the public health and safety. .060 Development Standards. The following development standards shall apply to Accessory Dwelling Units: .0601 Facilities. The Accessory Dwelling Unit shall have a separate entrance, and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit; .0602 Utility Services. The Accessory Dwelling Unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. An Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure shall not be considered a new dwelling unit for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, or impact fees such as park dwelling or traffic, and no new or separate utility connection between the Accessory Dwelling Unit and the utility shall be required. All other Accessory Dwelling Units may require a new or separate utility connection between the Accessory Dwelling Unit and the utility. Any connection fee or capacity charge shall be as set by resolution of the City Council and proportionate to the burden placed on the water and sewer systems due to unit size or number of plumbing fixtures; .0603 Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence; .0604 Size. The size of the Accessory Dwelling Unit shall comply with the following requirements; .01 The minimum and maximum total floor area for an Accessory Dwelling Unit shall be as follows: 16 Accessory Dwelling Unit Type Minimum Allowable Floor Area Maximum Allowable Floor Area Efficiency Unit - Attached 400 square feet 30% of main dwelling unit or 549 square foot, whichever is less Efficiency Unit - Detached 400 square foot 50% of main dwelling unit or 549 square feet, whichever is less Studio, One-Bedroom or Two-Bedroom Attached - Attached 550 square foot 30% of main dwelling unit or 900/1,200* square feet, whichever is less Studio, One-Bedroom or Two-Bedroom Attached - Detached 550 square foot 50% of main dwelling unit or 900/1,200* square feet, whichever is less *Maximum of 1,200 square feet only allowed in the RH-1 and RH-2 Zones. In all other zones where permitted, the maximum allowed size is 900 square feet. .0605 The Accessory Dwelling Unit shall contain no more than two (2) bedrooms; .0606 Height. In addition to meeting the height requirements of the zone in which it is located, the height of a detached Accessory Dwelling Unit shall not exceed the height of the main dwelling unit; .0607 Except as otherwise provided by this section, an Accessory Dwelling Unit shall conform to the development standards for the underlying zone, including but not limited to, standards for front, rear and side setbacks, height and parcel coverage; .0608 A Detached Accessory Dwelling Unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the Detached Accessory Dwelling Unit; .0609 No setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit. A setback of five feet from the side and rear property lines shall be required for an Accessory Dwelling Unit that is constructed above a detached garage. An Accessory Dwelling Unit constructed above a garage shall not extend outside the footprint of the existing garage. All setbacks shall comply with all applicable Building Code requirements; and .0610 A Detached Accessory Dwelling Unit shall be located no closer to the front property line than the front-most building wall of the main dwelling unit; .070 Design. An Accessory Dwelling Unit shall conform to the following design standards: .0701 Exterior stairs and doors shall not be visible from any public right-of- way, excluding alleys; 17 .0702 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0703 The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit; .0704 The architectural style of the Accessory Dwelling Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Accessory Dwelling Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling; .0705 If the Accessory Dwelling Unit is constructed above the main dwelling unit or garage, all windows and doors shall be designed to minimize the privacy impacts onto adjacent properties including, but are not limited to, window placement above eye level, windows and doors located toward the existing on-site residence; .0706 Permitted driveways and walkways shall occupy no more than fift y percent (50%) of the required street setback area, in compliance with Section 18.46.100.050.0501; .0707 When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit, the design shall incorporate features to match the scale, materials and landscaping of the original house that preserve the existing streetscape and character of the surrounding neighborhood; and .0708 Adequate access by emergency services to both the primary residence and Accessory Dwelling Unit shall be provided. .080 Parking. Parking for the Accessory Dwelling Unit shall be provided in accordance with Section 18.42.030 (Residential Parking Requirements). .090 Historic Buildings. .0901 An Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim’s local historic inventory shall conform to the requirements for the historic structure; .0902 An Accessory Dwelling Unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards; .0903 An Accessory Dwelling Unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City of Anaheim’s local historic inventory are encouraged to comply with the design guidelines outlined in the City of Anaheim Citywide 18 Historic Preservation Plan and other historic preservation plans as may be approved by the City Council; and .0904 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for historically classified structures, the Accessory Dwelling Unit shall conform to the mandatory standards. .100 Code Compliance. The Accessory Dwelling Unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. .110 Ownership and Occupancy. .1101 Owner Occupancy Required. One of the residential dwellings on a lot on which the Accessory Dwelling Unit is proposed to be established shall be occupied as the primary residence of the owner of the lot, and shall not be rented or leased as long as the Accessory Dwelling Unit exists; .1102 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time; and .1103 Sale or ownership of an Accessory Dwelling Unit separate from the main dwelling unit is prohibited. .120 Deed Restrictions. Prior to issuance of a building permit for an Accessory Dwelling Unit, the property owner shall execute a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the Planning and Building Department and City Attorney’s Office, which shall be recorded in the office of the Orange County Recorder: .1201 The Accessory Dwelling Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .1202 The Accessory Dwelling Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Accessory Dwelling, is occupied by the owner of record of the property; and .1203 The restrictions shall be binding upon any successor in ownership of the property. .130 Existing Nonconforming Units. Accessory Dwelling Units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming Accessory Dwelling Units. Any Accessory Dwelling Unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning and Building Director determines that the unit meets the provisions of this section. 19 .140 Conversion of Legally Established Structures to Accessory Dwelling Units. The conversion of legally established structures that exist as of the effective date of this section shall comply with the following requirements: .1401 Conversion of an existing legal "granny unit" into an Accessory Dwelling Unit shall require that the unit meet the provisions of this Code. Any legally established waivers or nonconformity that exist on the effective date of this section may continue, provided that in no manner shall such waiver or nonconformity be expanded; .1402 Legal nonconformities of the existing main dwelling unit, except for parking standards relating to number and type of parking spaces, as specified in section 18.42.030 (Residential Parking Requirements), shall be allowed to remain, provided the structure is not altered to accommodate the Accessory Dwelling Unit in a manner which expands a nonconformity; .1403 The conversion of an attic, basement, garage or any other part of a single-family dwelling, which was not previously legally established for habitable space, shall comply with the provisions of this section and the underlying zone; and .1404 Any conversion of structures not previously legally established for habitable space, constructed pursuant to approved variances from Code requirements pertaining to height, setback and lot coverage, shall comply with the provisions of this section. .150 Approval. The application for an Accessory Dwelling Unit shall be reviewed by the Planning and Building Director for compliance with the provisions of this section. If the Planning and Building Director determines that the application and evidence submitted show that the Accessory Dwelling Unit will comply with the requirements of this Section 18.38.015, the application shall be approved within 120 days of receipt; otherwise, the application shall be denied. Notwithstanding any other provision of this Code to the contrary, no waiver of or variance from any requirement of this Section 18.38.015 shall be approved, nor shall any application for such a waiver or variance be accepted for processing. .160 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" item, and determined by resolution. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 §§ 31, 32; April 22, 2008: Ord. 6115 §1; October 14, 2008: Ord. 6317 § 13; March 3, 2015.) 20 SECTION 8. That Section 18.38.020 (Accessory Living Quarters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.020 ACCESSORY LIVING QUARTERS. Accessory living quarters, as defined in Chapter 18.36 (Types of Uses), are subject to the following provisions. .010 Number of Units Per Parcel. Only one (1) accessory living quarter shall be allowed on any one (1) lot. .020 Prohibition. An accessory living quarter and an Accessory Dwelling UnitSecond Unit, as defined in Chapter 18.36 (Types of Uses)Section 18.38.230 of this chapter, shall not exist on the same lot. .030 Design. An accessory living quarter shall comply with the following design provisions: .0301 Exterior stairs shall not be visible from any public right-of-way, excluding alleys; .0302 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0303 The color, material and texture of all building walls shall be similar to and compatible with the main dwelling unit; and .0304 The architectural style of the accessory living quarter shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the living quarter shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single -family dwelling. .040 Occupancy. The accessory living quarter shall be exclusively used for guests or employees of the occupants of the main dwelling, shall not be rented in return for any payment or service, and shall not otherwise be used as a separate dwelling. .050 Kitchens. An accessory living quarter shall not contain kitchen facilities separate from those of the main dwelling unit. .060 Utility Services. The accessory living quarters shall not be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. 21 .070 Floor Area. The total floor area of the accessory living quarter shall not exceed thirty percent (30%) of the main dwelling unit. .080 Bedrooms. The accessory living quarter shall contain no more than two (2) bedrooms. .090 Development Standards. Accessory living quarters shall conform to the development standards for the main dwelling, including but not limited to, lot coverage and front, rear and side setbacks. .100 Height. In addition to meeting the height requirements of the zone in which it is located, the height of the accessory living quarter shall not exceed the height of the main dwelling unit. .110 Parking. The number of parking spaces for the single-family home shall be based on the number of bedrooms in both the main dwelling unit and the accessory living quarters, in compliance with Chapter 18.42 (Parking and Loading). (Ord. 5920 § 1 (part); June 8, 2004.) SECTION 9. That Section 18.38.230 (Second Units) be removed in its entirety from Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code as follows: 18.38.230 SECOND UNITS. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Second Units are a valuable form of housing in California. It is the intent of the City to permit second residential units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments. .020 Definitions. For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein: .0201 “Attached Second Unit” means a Second Unit attached to, and located within the living area of, the main dwelling unit, having at least one (1) common wall and a common roof with the main dwelling unit, and located on the same lot. .0202 “Detached Second Unit” means a Second Unit detached from the main dwelling unit and located on the same lot. 22 .0203 “Efficiency Unit” means a Second Unit, with a minimum size of four hundred (400) square feet, containing only one (1) habitable room. .0204 “Habitable” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas, are not considered “Habitable” space. .0205 “Second Unit” means an attached or detached residential dwelling unit on a lot zoned for residential use, which provides complete independent living accommodations and facilities for one (1) or more persons, which includes permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a legally established single-family dwelling. .030 Density Provisions. A Second Unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, and shall be deemed to be an accessory single-family residential use which is consistent with the existing general plan and zoning designations for the lot. .040 Number of Units Per Parcel. No more than one (1) Second Unit shall be allowed on a single lot. .050 Existing Lot and Uses. A Second Unit shall be allowed if the existing lot and dwelling meet the following requirements: .0501 The lot on which the Second Unit is proposed to be established shall contain one existing permanent single-family dwelling, and no existing accessory living quarters, as defined in Section 18.38.020, Senior Second Unit (granny unit), guest house, servant's quarters or similar facility, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section. .0502 The Second Unit is allowed in the zone in which it is proposed; .0503 The existing lot is a minimum of five thousand (5,000) square feet, except as may be provided in subsection .170 (Approval) of this Section 18.38.230; .0504 The existing residential use complies or, as proposed, will comply with current parking requirements; and .0505 If the existing main dwelling unit and any associated accessory structures comply with current zoning requirements, unless otherwise legally established, a Second Unit may be permitted, provided the Second Unit complies with the requirements of this section. 23 .060 Prohibited Locations. Second Units are not permitted in any area of the City identified, by resolution of the Planning Commission and/or City Council, as being significantly impacted by insufficient capacity for sewers, traffic circulation, public utilities or similar infrastructure needs. .0601 Discretionary Exemptions. The City Engineer may grant exemptions from all or any portion of the requirements imposed by subsection .060 of this section. Before any such exemption is granted by the City Engin eer, it shall be shown that planned and budgeted capital improvement projects to relieve the insufficient capacity for the affected sewers, traffic circulation, public utilities or similarly required infrastructure in the said area will be potentially completed by the time the proposed Second Unit is ready for occupancy. .070 Development Standards. The following development standards shall apply to Second Units: .0701 Facilities. The Second Unit shall have a separate entrance, and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. .0702 Utility Services. The Second Unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. .0703 Size. The size of the Second Unit shall comply with the following requirements: .01 The minimum total floor area shall be four hundred (400) square feet for an efficiency unit, and five hundred and fifty (550) square feet for a one- bedroom or two-bedroom unit. .02 The maximum total floor area shall be as follows: (a) Attached Second Units shall not exceed thirty percent (30%) of the main dwelling unit living area; provided that, if the main dwelling unit is one thousand three hundred thirty four (1,334) square feet or less in size, one (1) four hundred (400) square foot efficiency unit shall be permitted. (b) Detached Second Units shall not exceed fifty percent (50%) of the existing main dwelling unit living, area or one thousand two hundred (1,200) square feet, whichever is less. .0704 The Second Unit shall contain no more than two (2) bedrooms. .0705 A Second Unit shall conform to the development standards for the underlying zone, including but not limited to, standards for front, rear and side 24 setbacks, height and parcel coverage. Additionally, a detached Second Unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached Second Unit. .080 Design. A Second Unit shall conform to the following design standards: .0801 Exterior stairs shall not be visible from any public right-of-way, excluding alleys; .0802 The design, color, material and texture of the roof shall be substantially the same as the main dwelling unit; .0803 The color, material and texture of all building walls shall be similar to, and compatible with, the main dwelling unit; and .0804 The architectural style of the Second Unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the Second Unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling. .090 Vehicular Access. The Second Unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the Second Unit has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. .100 Parking. Parking for the Second Unit shall be provided as follows, in addition to the parking required for the main dwelling unit and in accordance with Chapter 18.06 of the Municipal Code: .1001 One (1) off-street space shall be provided for an efficiency unit or one- bedroom Second Unit; and .1002 Two (2) off-street spaces shall be provided for a two-bedroom Second Unit. .1003 If the parking for the Second Unit is provided in a garage which also provides parking for the main dwelling unit, the space(s) shall be for the exclusive use of the Second Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall have a separate or independent garage door. .1004 For second units proposed within an identified parking deficient area, one (1) additional off-street parking space (per second unit) shall be provided in addition to the number required in subparagraphs .1001 and .1002 above. .110 Historic Buildings. 25 .1101 A Second Unit proposed for any lot that includes a building listed in the California Register of Historic Places shall conform to the requirements for the historic structure. .1102 A Second Unit proposed for any lot that includes a building listed in the California Register of Historic Places, or identified as a Contributor in the Anaheim Colony Historic District Preservation Plan and other historic preservation plans as may be approved by the City Council, are encouraged to comply with the design guidelines of such plan. .1103 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for Contributor buildings pursuant to a historic preservation plan, the Second Unit shall conform to the mandatory standards. .120 Code Compliance. The Second Unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. .130 Ownership and Occupancy. .1301 Owner Occupancy Required. One of the residential dwellings on a lot on which the Second Unit is proposed to be established shall be occupied as the primary residence of the owner of the lot, and shall not be rented or leased as long as the Second Unit exists. If, thereafter, the owner occupies neither unit, the Second Unit shall automatically become a non-habitable space, shall not be used as a dwelling unit, and shall not be rented. .1302 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented. .1303 Sale or ownership of a Second Unit separate from the main dwelling unit is prohibited. .140 Deed Restrictions. Prior to issuance of a building permit for a Second Unit, the property owner shall execute a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the Planning Department and City Attorney’s Office, which shall be recorded in the office of the Orange County Recorder: .1401 The Second Unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .1402 The Second Unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the Second Unit, is occupied by the owner of record of the property; and 26 .1403 The restrictions shall be binding upon any successor in ownership of the property. .150 Existing Nonconforming Units. Second Units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming Second Units. Any Second Unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning Director determines that the unit meets the provisions of this section. .160 Conversion of Legally Established Structures to Second Units. The conversion of legally established structures that exist as of the effective date of this section shall comply with the following requirements: .1601 Conversion of an existing legal "granny unit" into a Second Unit shall require that the unit meet the provisions of this Code. Any legally established waivers or nonconformity that exist on the effective date of this section may continue, provided that in no manner shall such waiver or nonconformity be expanded. .1602 Legal nonconformities of the existing main dwelling unit, except for parking standards relating to number and type of parking spaces, as specified in subsection 18.06.050.011, shall be allowed to remain, provided the structure is not altered to accommodate the Second Unit in a manner which expands a nonconformity. .1603 The conversion of an attic, basement, garage or any other part of a single-family dwelling, which was not previously legally established for habitable space, shall comply with the provisions of this section and the underlying zone. .1604 Any conversion of structures not previously legally established for habitable space, constructed pursuant to approved variances from Code requirements pertaining to height, setback and lot coverage, shall comply with the provisions of this section. .170 Approval. The application for a Second Unit shall be reviewed by the Planning Director for compliance with the provisions of this section. If the Planning Director determines that the application and evidence submitted show that the Second Unit will comply with the requirements of this Section 18.38.230, the application shall be approved; otherwise, the application shall be denied. Notwithstanding the foregoing, a unit on a lot which is less than five thousand (5,000) square feet that otherwise meets the requirements of this section shall be approved. Notwithstanding any other provision of this Code to the contrary, no waiver of or variance from any requirement of this 27 Section 18.38.230 shall be approved, nor shall any application for such a waiver or variance be accepted for processing. .180 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" item, and determined by resolution. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 §§ 31, 32; April 22, 2008: Ord. 6115 §1; October 14, 2008: Ord. 6317 § 13; March 3, 2015.) SECTION 10. That Section 18.40.090 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.40.090 SOUND ATTENUATION FOR RESIDENTIAL DEVELOPMENTS. .010 Applicability. Residential developments involving the construction of two (2) or more dwelling units, or residential subdivisions resulting in two (2) or more parcels, and located within six hundred (600) feet of any railroad, freeway, expressway, major arterial, primary arterial or secondary arterial, as designated by the Circulation Element of the General Plan, shall comply with the provisions of this section. The construction of an Aaccessory Ddwelling Uunit such as a Second Unit or senior second unit as prescribed in Section 18.38.230 shall not constitute a residential development subject to the provisions of this section. .020 Study Required. A noise level analysis shall be performed for any new residential development or subdivision to determine the projected interior and exterior noise levels within the development. The study shall include mitigation measures that would be required to comply with applicable City noise standards, as identified in this section. The study shall be provided by the applicant, at its sole expense, to the City at the time of application for development of the residential development or subdivision. .030 Attenuation. Mitigation measures, without limitation, may include masonry walls, an earthen berm or a combination thereof. Masonry walls must comply with the requirements of Chapter 18.46 (Landscaping and Screening). The height of any proposed walls shall be determined by the approval authority based on the recommendation of a sound attenuation study prepared by a state-licensed acoustical engineer, unless a variance is granted by the approval authority, or City Council on appeal, in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances. 28 .040 Single-Family Detached. Exterior noise within the private rear yard of any single family lot and/or within any common recreation areas, shall be attenuated to a maximum of sixty-five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City. .050 Single-Family Attached or Multiple Family. Exterior noise within common recreation areas of any single family attached or multiple family dwelling project shall be attenuated to a maximum of sixty-five (65) dB CNEL. Interior noise levels shall be attenuated to a maximum of forty-five (45) dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City. .060 Minor Deviations. Notwithstanding any provision of this Code to the contrary, the Planning Commission may grant a deviation from the requirements imposed by subsections .040 and .050 of this section pertaining to exterior noise levels in accordance with the procedures established in Chapter 18.60 (Common Procedures) for the processing of variances except that the findings set forth in Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required and provided that before any such deviation is granted by the Planning Commission, the evidence presented shows that all of the following conditions exist: .0601 The deviation from prescribed levels does not pertain to interior noise levels; .0602 The deviation does not exceed five (5) dB CNEL above the prescribed levels for exterior noise; and .0603 Measures to attenuate noise to the prescribed levels would compromise or conflict with the aesthetic value of the project. (Ord. 6000 § 3; November 8, 2005: Ord. 6101 § 33; April 22, 2008: Ord. 6317 § 14; March 3, 2015.) SECTION 11. That Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.42.030 RESIDENTIAL PARKING REQUIREMENTS. .010 General. Residential off-street parking requirements for motor vehicles, trailers, campers, boats, or other mobile equipment shall be regulated by the type of use (use class) associated with the property. This section specifies the number of parking spaces for each residential use, regardless of the zoning district in which the use is located. 29 .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a bedroom. A studio unit is a dwelling unit without a bedroom. .0103 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one (1) full space. .0104 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to the applicable City Standards pertaining to off-street parking dimensions. .0105 Garages or covered spaces shall be arranged such that parking in front of the garage or covered space shall not block access to another garage or covered space. .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the Planning Services Manager of the Planning Department and/or his or her designee. (Ord. 5944 § 20; September 28, 2004.) .0107 Required parking spaces shall be maintained and available for the parking of operable vehicles. (Ord. 5944 § 20; September 28, 2004: Ord. 5998 § 33; October 25, 2005: Ord. 6031 § 32; August 22, 2006: Ord. 6101 § 34; April 22, 2008: Ord. 6286 § 27; September 3, 2013.) .020 Dwellings–Multiple Family. .0201 The minimum required number of off-street parking spaces for Multiple-Family Dwellings shall be based on the total number of bedrooms as follows: 30 Total Number of Bedrooms Minimum Number of Parking Spaces per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms 2.25 3 or more bedrooms 3.0 (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. .0203 Required parking spaces for residents and tenants in Multiple-Family Residential projects shall be readily accessible. No fee shall be assessed for the use of parking spaces required by current code or for parking spaces required by code at the time of construction of the project, whichever is higher. .0204 Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0205 Tandem Parking Spaces. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for the parking spaces required for Multiple Family Residential projects under paragraph .0201 above. Tandem parking spaces of not more than two (2) vehicles deep shall be permitted for parking spaces required for Multiple Family Residential projects under paragraph .0201, above, provided that (i) such tandem parking spaces are enclosed or covered parking spaces, and (ii) both spaces are assigned to the same designated dwelling unit. Tandem parking spaces shall not be counted toward the required number of guest parking spaces. .0206 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties, and from living or recreational-leisure areas, to a height of twenty-four (24) inches, with the exception of line-of-sight requirements, as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches. .0207 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .0208 Garages or carports may be installed in areas previously designated for open surface, resident parking subject to the following provisions; 31 .01 Garages or carports may encroach into required building and landscape setback areas (excluding front setbacks adjacent to public streets) subject to the review and approval by the Planning Director. Any decision by the Planning Director may be appealed to the Planning Commission as provided in Chapter 18.60 (Procedures); .02 Any installed garage doors must be roll-up type doors; .03 Garages may not be used for storage and must be used for parking of operable vehicles only. In addition, the property owner or property manager is responsible for assuring compliance with this provision; .04 Exterior garage walls, where visible from any public or private property, shall be finished with colors and materials consistent with the exterior colors and materials of existing buildings on the site and roofs must be finished with quality materials, such as, tile or shingles. Elevation plans must be reviewed and approved by the Planning Director; .05 The total number of required parking spaces provided on the site is not decreased beyond minimum code requirements by the construction of the garages. Replacement parking spaces may be provided elsewhere on the project site; .06 Garage spaces must be assigned to specific apartment units and shall not be rented or leased to non-residents; .07 Garage or carport spaces proposed to be constructed under the provisions of paragraph 18.42.030.020.0208, above, need not be within 100 feet of the unit to which it is assigned. (Ord. 5998 § 34; October 25, 2005: Ord. 6218 § 2; July 19, 2011: Ord. 6220 § 1; August 23, 2011.) .030 Dwellings–Single-Family Attached. The required parking spaces for Attached Single-Family Dwellings shall comply with either paragraph .0301 or .0302 below. .0301 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings–Multiple Family in subsection 18.42.030.020 above. .0302 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings–Single-Family Detached in subsection 18.42.030.040. (Ord. 5998 § 35; October 25, 2005.) .040 Dwellings–Single-Family Detached. The minimum required number of off-street, on-site parking spaces for Single-Family Detached Dwellings shall be based on the total number of bedrooms as follows: 32 Total Number of Bedrooms Minimum Number of Parking Spaces 6 or fewer bedrooms 4 (2 in a garage) 7 or more bedrooms 4 (2 in a garage), plus 1 additional space per bedroom over 6 bedrooms .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one (1) open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage are eight (8) feet wide and twenty-five (25) feet long, where located in tandem to parking spaces enclosed with a tilt -up garage door, and eight (8) feet wide and twenty (20) feet long, where located in tandem to parking spaces enclosed with a roll-up garage door, measured from the garage door to the nearest edge of the property line, pedestrian walkway, street or vehicle accessway, whichever is the lesser distance. .0402 Parking spaces located in tandem to a garage or located in a circular driveway that meets the minimum requirements of Planning Standards (Driveway Locations for Single-Family Residences) may be permitted to encroach into the required front or street setback. All other spaces shall be located outside the required street setback, and shall be provided and maintained in an accessible location on the lot, as approved by the Planning Director and illustrated in Planning Standard (Driveway Locations for Single-Family Residences). (Ord. 5998 § 36; October 25, 2005: Ord. 6286 § 28; September 3, 2013.) .050 Mobile Home Parks. .0501 The minimum required number of off-street parking spaces for each mobile home in Mobile Home Parks shall be two (2) spaces (which may be tandem) on-site and adjacent to the mobile home, plus one (1) guest space for every four (4) mobile homes. .0502 Guest parking shall be located within two hundred (200) feet of each mobile home served and may be provided along any private street that is designed and improved in compliance with the applicable Engineering Standard Details pertaining to private street sections, and that serves the interior circulation of a mobile home park. (Ord. 6031 § 33; August 22, 2006.) .060 Senior Citizen Housing. .0601 The minimum required number of off-street parking spaces for senior citizen housing shall be one (1) parking space for each studio unit and one- bedroom unit, and two (2) parking spaces for each two-bedroom unit. 33 .0602 All parking spaces shall be located so as to minimize the walking distance from the living area to the parking facility. .0603 Parking spaces may be covered or open, and shall be unassigned and equally available to all residents, guests or employees. .0604 Tandem spaces shall not be permitted. .070 Accessory DwellingSecond Residential Units. .0701 Accessory DwellingSecond Units, as defined in paragraph .005205 of subsection 18.36.0508.230.020 (Accessory Use Classes), and in conformance with the criteria and standards of Section 18.38.015230 (Accessory DwellingSecond Units) of Chapter 18.38 (Supplemental Use Regulations): one (1) off-street parking space for each efficiency unit or one-bedroom unit; and two (2) off-street parking spaces for each two-bedroom unit. Required parking spaces for Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. shall be provided as follows, in addition to the parking required for the main dwelling unit: Total Number of Bedrooms Minimum Number of Parking Spaces Efficiency Unit, Studio or 1 Bedroom 1 2 Bedrooms 2 .0702 If parking for the Accessory Dwelling Unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the Accessory Dwelling Unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier, and shall have a separate or independent garage door; .0703 The Accessory Dwelling Unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the Accessory Dwelling Unit has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet; .0704 Any additional required parking may be located in an y configuration on the same lot; .0705 When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an Accessory Dwelling Unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, covered spaces, 34 uncovered spaces, or tandem spaces in compliance with the requirements of this section; and .0706 On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop with service at peak commute time of 15-minutes or less; (b) The Accessory Dwelling Unit is located within a historic district; (c) The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure; (d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; and/or (e) Where there is a car share station located within one block of the accessory dwelling unit. .080 Senior Second Units. .0801702 Senior Second Units (granny units), for which a conditional use permit is approved, as authorized by Section 65852.1 of the California Government Code: one (1) off-street parking space for each unit. Required parking spaces for senior Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 § 20; September 28, 2004: Ord. 6308 § 1; October 21, 2014: Ord. 6317 § 15; March 3, 2015: Ord. 6382 § 14; October 18, 2016.) SECTION 12. That Section 18.92.080 (“E” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.080 “E” WORDS, TERMS AND PHRASES. "Easement.” A legal right, such as a right-of-way, afforded an individual, business or other organization to make limited use of another's real property. "Educational Institution.” A public, parochial, private, charitable or nonprofit institution that provides educational instruction to students over the age of five (5) years. “Efficiency Unit.” An Accessory Dwelling Unit with a minimum size of four hundred (400) square feet, and maximum size of five hundred and forty nine square feet (549) and containing only one (1) habitable room. 35 “Emergency Shelter.” Has the same meaning as defined and used in Section 50801(e) of the California Health and Safety Code. “Employee.” Shall include independent contractors and unpaid volunteers. The term “employ” shall include, without limitation, using or allowing services to be provided by an independent contractor or unpaid volunteer. “Entertainment.” Every form of live entertainment including, without limitation, any music, band or orchestra, act, play, burlesque, revue, pantomime, scene, karaoke, song or dance act or dancing by patrons. “Entertainment” includes, without limitation, a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited to watch, listen, or participate. “Entertainment Premises.” Any premises used for a restaurant, coffee shop, bar, nightclub, or establishment serving food, and/or other refreshments and where amusement and entertainment activities are conducted. “Entity.” Any firm, partnership, corporation, joint venture, unincorporated association or other association of any type or nature. “Expressway, Scenic.” A road intended to permit a relatively unimpeded traffic flow while allowing for motorists to view scenic features as they drive; “Scenic Expressways” are shown on the Roadway Network map of the General Plan. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6234 § 4; February 28, 2012: Ord. 6245 § 92; June 5, 2012.) SECTION 13. That Section 18.92.110 (“H” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.110 “H” WORDS, TERMS AND PHRASES. “Habitable” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas, are considered “Habitable” space. “Health Department.” The Health Care Agency of the County of Orange. “Hearing Officer.” An Employee Hearing Officer appointed by the City Manager pursuant to Section 1.12.110 of this Code. “Height, Structural.” The vertical measurement from the highest point of the structure (excluding any projections which this title expressly authorizes above the maximum height) to the closest finished grade. For properties with a sloping grade, the maximum allowable height shall be measured as the vertical measurement from the closest sloping finished grade to an imaginary plane 36 located the allowed number of feet above and parallel to the finished grade at the time of project submittal. “Heliport.” A landing and takeoff place for helicopters, including the maintenance, servicing, parking or storage of such aircraft. “Helistop.” A landing and takeoff place for helicopters, not involving any maintenance, servicing, parking or storage of such aircraft. “Highway.” A roadway owned by the Federal, State or County government that is officially designated as a highway. “Home Occupation.” An occupation incidental to, and subordinate to, the principal residential use, and located on the same lot with such residential use. “Hotel.” A building, or group of buildings, containing guest rooms or suites provided as temporary lodging or sleeping accommodations for consideration to tourists, sojourners or transients, but not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential units(s) which conform to the requirements for multiple-family residential units in this title. (Ord. 5920 1 (part); June 8, 2004: Ord. 6245 § 94; June 5, 2012: Ord. 6286 § 41; September 3, 2013.) SECTION 14. That Section 18.92.220 (“S” Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.92.110 “S” WORDS, TERMS AND PHRASES. "Schools, Elementary, Junior High and High.” An institution of learning which offers instruction in the several branches of learning and study required to be taught in public schools by the California Education Code. "Senior Citizen.” A person sixty-two (62) years of age or older; or fifty-five (55) years of age or older in a senior citizen housing development. "Senior Citizens' Apartment Project.” An apartment project approved pursuant to the provisions of Chapter 18.50 (Senior Citizens' Apartment Projects), with the occupancy of each dwelling unit being limited to at least one (1) resident of each such unit being a senior citizen, with the exception of not more than one (1) dwelling unit thereof, identified as the “resident manager's dwelling unit” in covenants recorded against the property, which unit may be occupied by a resident manager and his or her family, regardless of their ages. 37 "Senior Citizens' Apartment Project – Congregate Care.” A senior citizens' apartment project, as the term is defined in this section, which also provides nursing, dietary and other personal services to residents. "Senior Citizens' Dwelling Unit.” Each dwelling unit within a senior citizens' apartment project, with the exception of the resident manager's dwelling unit, if any. "Senior Citizen Housing Development.” A residential development developed, substantially rehabilitated, or substantially renovated, for senior citizens that has at least thirty-five (35) dwelling units, as defined in California Civil Code Section 51.3. "Senior Second Unit" or "Granny Unit.” An Accessory Dwelling Second Unit, as defined in Section 18.36.0508.230 (Accessory DwellingSecond Units) of Chapter 18.368 (Types of UsesSupplemental Use Regulations), that does not meet the requirements of Section 18.38.015230 (Accessory DwellingSecond Units) for an Accessory DwellingSecond Unit, where the unit is for the sole occupancy of one (1) or two (2) adult persons, both of whom are sixty-two (62) years of age or over. "Service Station.” A retail place of business engaged primarily in the sale of motor fuels, and incidentally supplying goods and services required for the operation and maintenance of automotive vehicles. "Setback, Required.” The minimum dimension between a structure and the adjacent public right-of-way, such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. "Setback, Street Side.” The side area abutting a street on a reverse corner lot, or a reverse building frontage of a normal corner lot, which extends from the rear property line to the front setback line. "Single Housekeeping Unit.” A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. “Smoking Lounges.” A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs or tobacco bars. "Special Event.” A special event is any event, promotion or sale sponsored by a business, shopping center or organization which is held outside the confines of a 38 building, whether or not a business license is required, and which may include (or be limited to) the outdoor display of merchandise, the display of temporary signs, flags, banners or fixed balloons, or rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event. "Stable, Private.” A structure or accessory building for the keeping of animals owned by the owners or occupants of the premises, which are not kept for remuneration, hire or sale. A stable may or may not include a corral. "Stable, Public.” A stable other than a private stable. "Story.” That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling above it; provided that, where maximum building height is specified in this title in terms of maximum number of stories, the maximum height shall not exceed twenty-five (25) feet for any one (1)-story building, thirty (30) feet for any two (2)-story building, thirty-five (35) feet for any two and one-half (2-1/2)-story building, and seventy-five (75) feet for any six (6)-story building. "Street.” A public or recorded private thoroughfare that affords primary means of access to abutting property. "Street Line.” The boundary line between a street and abutting property. "Street Side.” That street bounding a corner lot, and which extends in the general direction as the line determining the depth of the lot. "Structure.” Anything constructed or erected, which requires location on the ground, or attachment to something having a location on the ground. "Structural Alterations.” Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. “Studio Unit.” A dwelling unit without a bedroom. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5999 § 4; December 6, 2005: Ord. 6245 § 101; June 5, 2012.) SECTION 15. That Table 120-C (Accessory Uses Classes by Development Area) of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 39 Table 120-C ACCESSORY USE CLASSES BY DEVELOPMENT AREA P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 Special Provisions Accessory Dwelling Unit N N N N N N Accessory Living Quarters N N N N N N Agricultural Workers Quarters N N N N N N Accessory Entertainment N N P P P N Subject to Section 18.16.060 in conjunction with a commercial use Amusement Devices N N P P P N Subject to Section 18.16.050 Animal Keeping N N P N N P Subject to Section 18.38.030 Antennas–Dish P P P P P P Subject to Section 18.38.050 Antennas–Receiving P P P P P P Subject to Section 18.38.050 Automated Teller Machines (ATM's) P P P P P N Subject to Section 18.36.050.035 Bingo Establishments N N P P P N Subject to Chapter 7.34 Caretaker Units P P P P P P Subject to Section 18.38.090 Day Care–Large Family N N C N N N Day Care–Small Family N N C N N N Fences & Walls P P P P P P Subject to Section 18.40.050; this use may occur on a lot without a primary use Greenhouses–Private N N N N N N Home Occupations N N P N N N Subject to Section 18.38.130 Landscaping & Gardens P P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment–Ground Mounted P P P P P P Subject to Section 18.38.160 Mechanical & Utility Equipment–Roof Mounted P P P P P P Subject to Section 18.38.170 Outdoor Displays C C C C P C Subject to Section 18.38.190 Outdoor Storage P P N N P C Subject to Section 18.38.200 Parking Lots & Garages P P P P P P Petroleum Storage– Incidental P P P P P N Shall comply with the Uniform Fire Code Portable Food Carts N N C C C N Subject to Section 18.38.210 40 Recreation Buildings & Structures N N P N N C Recycling Services– Consumer P P P P P N Subject to Chapter 18.48 Retail Floor, Wall & Window Coverings P P P P P N Subject to Section 18.38.250 Senior Second Units N N N N N N Signs P P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P P Thematic Elements P P P P P P Vending Machines P P P P P P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Warehousing & Storage- Outdoors P P N P P N Subject to Section 18.38.200 SECTION 16. 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 17. 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 18. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. /// /// /// 41 /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2017, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2017, 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 12322 / LM 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.