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6502 ORDINANCE NO. 6 5 0 2 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.42 (PARKING AND LOADING), AND 18.92 (DEFINITIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15060(C)(2)AND 15061 (B)(3). (ZONING CODE AMENDMENT NO. 2019-00166) (DEV2019-00110) • 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, in 2017, the City Council of the City of Anaheim ("City Council") approved a comprehensive Zoning Code Amendment that included parking,requirements for multiple- family residential development in the Platinum Triangle, as well as single-family residential development throughout the City of Anaheim ; and WHEREAS, certain neighborhoods and areas of the City do not have sufficient on or off street space to accommodate the parking of vehicles, which adversely affects residents; and WHEREAS, in 2017, the City's Planning Commission requested a workshop to understand the parking challenges in residential neighborhoods, explore opportunities to further amend the City's residential parking standards and evaluate the parking impacts created by existing standards that may result in development that is incompatible with surrounding land uses. In 2018 and 2019,the Planning Commission conducted additional parking study sessions and provided direction to staff to initiate a Zoning Code Amendment; and WHEREAS, on May 27, 2020, June 8, 2020 and July 6, 2020,the Planning Commission held public hearings to consider Zoning Code Amendment No. 2019-00166, and on July 20, 2020, the Planning Commission recommended that the City Council adopt Zoning Code Amendment No. 2019-00166; 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 1 WHEREAS,pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act(commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the"State CEQA Guidelines"),the City is the"lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3)because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Code amendment meets these criteria because the proposed amendments and would provide clarity, create consistency of terms and definitions, and amend Code requirements to reflect current market trends, and there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment Because there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. 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 and restated 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. .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 and enclosed with four (4) walls shall be considered a bedroom. If one (1) of the four(4) walls is one hundred percent(100%) open to an adjacent room or hallway, it shall not 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. 2 .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: 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,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 can also be utilized to accommodate valet parking. Tandem parking spaces shall not be counted toward the required number of guest parking spaces. 3 .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; .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.) .0209 Valet parking may be permitted for multiple family residential developments provided that the valet parking is provided and managed by on-site management company or homeowner's association and a minor conditional use permit is approved pursuant to, and subject to,the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .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. 4 .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: Total Number of Bedrooms Minimum Number of Parking Spaces 5 or fewer bedrooms 4 (2 in a garage) 6 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 § 35; October 25, 2005.) .0403 RS-4 Zone. The additional parking spaces above and beyond those required in the table above for Single-Family Detached Dwellings shall be provided either on private streets or on private property, or any combination thereof, based on the total number of bedrooms as follows: Total Number of Bedrooms Additional Parking Spaces Required 3 or fewer bedrooms No additional spaces required 4 bedrooms 0.5 additional space per unit 5 or more bedrooms 1 additional space per unit,plus 1 additional space per bedroom over 5 bedrooms .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, 5 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. .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 Dwelling Units and Accessory Dwelling Unit—Junior. The minimum required number of off-street, on-site parking spaces for an Accessory Dwelling Unit and Accessory Dwelling Unit—Junior, as defined in subsection .005 and.010 of Section 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Unit and Accessory Dwelling Unit—Junior) shall be based on the total number of bedrooms as follows: Total Number of Bedrooms Minimum Number of Parking Spaces (subject to exemptions in subsection .0701 below) Studio 0 1 bedroom 1 2 bedroom 1 .0701 On-site parking is not required for an Accessory Dwelling Unit and Accessory Dwelling Unit - Junior in any of the following instances: (a) The Accessory Dwelling Unit is located within a one-half mile walking distance of a transit stop; (b) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district; (c) The Accessory Dwelling Unit is part of the proposed or 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; (e) Where there is a car share vehicle station located within one block of the accessory dwelling unit; 6 (f) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit; and/or (g) No parking is required for an Accessory Dwelling Unit—Junior. .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 any configuration on the same lot. .0705 No replacement parking is required when a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an Accessory Dwelling Unit or Accessory Dwelling Unit- Junior. .080 Repealed by Ord. 6384, 6/9/2020. (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: Ord. 6419 § 11; August 29, 2017: Ord. 6425 § 17; December 19, 2017: Ord. 6432 § 31; April 10, 2018: Ord. 6461 § 14; April 16, 2019: Ord. 6473 § 30; December 3, 2019: Ord. 6483 §§ 10, 11; June 9, 2020.) SECTION 2. That Section 18.92.050 ("B" 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 and restated to read in full as follows: 18.92.050 "B" WORDS, TERMS AND PHRASES. "Bar." An establishment, other than a cocktail lounge, wherein the primary use is the sale of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law, and which requires a"public premises"-type license issued by the California Department of Alcoholic Beverage Control, and where no cover charge or admittance fee is charged to patrons. "Basement." An area of building designed for occupancy or use with the ceiling located entirely at or below the finished grade of the land. "Bed and Breakfast Inn." See Chapter 18.36 (Types of Uses). "Bedroom." A private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition, except as provided herein. All rooms (other than a living room, family room, dining room, bathroom, toilet compartment, hall, foyer, closet, pantry, or utility room)having seventy(70) square feet or more of floor area and enclosed with four(4) walls shall be considered a bedroom. If one (1) of the four(4) walls is one hundred percent (100%) open to an adjacent room or hallway, it shall not be considered a bedroom. 7 "Beer"means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter,brown, stout, lager beer, small beer, and strong beer, but does not include sake, known as Japanese rice wine. Beer aged in an empty wooden barrel previously used to contain wine or distilled spirits shall be defined exclusively as "beer" and shall not be considered a dilution or mixture of any other alcoholic beverage. "Beer manufacturer" means any person licensed by the Department of Alcoholic Beverage Control of the State of California that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of beer. "Block." All property fronting upon one side of a street between intersecting streets, or between a street and right-of-way, waterway, terminus of a dead-end street or city boundary. "Boardinghouse." A building, or portion thereof, where lodging and meals are provided for compensation for seven (7) or more persons, excluding rest homes and residential or group care facilities. "Brandy manufacturer"means any person licensed by the Department of Alcoholic Beverage Control of the State of California that is engaged in the manufacture of brandy only and not in the manufacture of any other distilled spirits. "Building." A permanently located structure having a roof(all forms of vehicles, even if immobilized, are excluded). "Building,Main." A building within which is conducted the principal use permitted on the lot as provided by this title. "Building, Height." See"Height, Structural." "Building Site." The ground area of one (1) or more lots, as defined herein, when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. "Business." The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6296 § 2; March 4, 2014.) SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence,phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision,paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 8 SECTION 4. 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 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 2 day of January , 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the 26 day of January , 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz., Brandman, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno CITY OF ANAHEIM By: 41111A1 AY( R OF T"E I Y •F ANAHEIM ATTEST: / CITY CLERK THE CITY OF ANAHEIM 139527/LM 9 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No.6502 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of January, 2021, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of January, 2021, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January, 2021. CITY CORK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011439148 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6502 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.42 (DEFINIJTIONS)DOFOTIITLE)18 A(ZONING)2 5190168 OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ANAHEIM,CITY OF/CLERKS OFF ADDITIONAL ENVIRONMENTAL 200 S ANAHEIM BLVD STE 217 DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT ANAHEIM, CA 92805-3820 (CQC) SECTIONS (2)AND GUIDELINES, This ordinance amends provisions of Title 18 (Zoning) of the Anaheim Municipal Code by modifying residential parking standards in Chapter 18.42 (Parking and Loading) to increase the number of FILE NO. ORDINANCE NO. 6502 parkingitfousr requiredrmore for omssingle-family S4eZoal units with four or more bedrooms in the RS-4 Zone (Small Lot Single-Family) and revising the definition of"Bedroom" in Chapter 18.92 (Definitions) to ensure AFFIDAVIT OF PUBLICATION that rooms with the potential to become bedrooms are counted towards the parking requirements. STATE OF CALIFORNIA, I,Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of SS. Ordinance No. 6502, which ordinance was introduced at a regular meeting of the City Council of the City of County of Orange Anaheim on the 12th day of January,2021 and was duly passed and adopted at a regular meeting of said Council on the 26th day of January, 2021 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, I am a citizen of the United States and a resident of the Diaz,Brandman,Valencia,and O'Neil County aforesaid; I am over the age of eighteen years, and NOES: None not a party to or interested in the above-entitled matter. I ABSENT: None am the principal clerk of the Anaheim Bulletin, a ABSTAIN: Council Member Moreno newspaper that has been adjudged to be a newspaper of The above summary is a brief description of the general circulation bythe Superior Court of the Countyof subject matter contained nn the text of Ordinance Noi p 6502, which has been prepared pursuant to Section 512 Orange, State of California, on December 28, 1951, Case of the Charter of the City of Anaheim. This summary does not include or describe every provision of the No. A-21021 in and for the City of Anaheim, County of ordinance and should not be relied on as a substitute Orange, State of California; that the notice, of which the for the full text of the ordinance. annexed is a true printed copy, has been published in To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765- each regular and entire issue of said newspaper and not in 5166, between 8:00 AM and 5:00 PM, Monday through any supplement thereof on the following dates,to wit: Friday. There is no charge for the copy. Published Anaheim Bulletin Feb.4,2021 11439148 02/04/2021 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: February 04, 2021. ekfclifilka Signature r.LP1-12115115 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6502 and was published in the Anaheim Bulletin on the 4th day of February, 2021, pursuant to Section 512 of the City Charter of the City of Anaheim. CITY CL RK OF THE CITY OF ANAHEIM (SEAL)