Resolution-PC 2003-80~ .
RESOLUTION NO. PC2003-80
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES
RELATING TO SECOND UNITS AND MAKING CERTAIN FINDINGS
RELATING THERETO.
WHEREAS, on September 29, 2002, the State of California Legislature approved Assembly
Bill No. 1866 which, among other things, amended Government Code Section 65852.1, requiring cities to
permit second units in single-family and multiple-family residential zones, identifying criteria under which a
second unit is to be permitted, requiring a ministerial approval process and limiting the requirements cities
may impose on the construction of such second units; and
WHEREAS, as of July 1, 2003, the new law requires cities to allow second units in
residential zones without discretionary action, although cities may adopt ordinances creating specifications
and standards for second units subject to compliance with Government Code Section 65852.2; and
WHEREAS, cities may prohibit second units in areas which are determined to be
signi~cantly impacted by insufficient capacity pertaining to traffic circulation, parking, public utilities and/or
other infrastructure and which deficiency would be exacerbated by the construction of second units; and
WHEREAS, on May 13, 2003, the Anaheim City Council adopted Ordinance No. 5857,
establishing a process for ministerial approval of second units and creating specifications and standards for
such.units (the "Second Unit Ordinance"); and
WHEREAS, the Second Unit Ordinance permits second units, subject to the standards
identified therein, in all residential areas of the City, excluding only the areas established by Planning
Commission and/or City Council resolution as deficiency areas which are significantly impacted by
insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and
WHEREAS, the City Planning Commission did hold a public meeting at the Civic Center in
the City of Anaheim on June 16, 2003, at 1:30 p.m., to hear and consider said proposed Deficiencies Area
Map, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find
and determine the following facts:
1. Section 65852.2 of the Government Code authorizes cities to use criteria such as adequacy
of water and sewer services and the impact of second units on traffic flow to determine areas where second
units may be permitted.
2. The Second Unit Ordinance provides that second units shall not be permitted in any area of
the City identified by resolution of the Planning Commission and/or the City Council as being significantly
impacted by insufficient capacity for traffic circulation, parking, public utilities and/or other infrastructure.
3. Following review and analysis of sewer capacity throughout the City, as discussed in the
Staff Reports to the Planning Commission dated April 21, 2003, and June 16, 2003, which discussion is
incorporated herein by this reference, certain areas of existing significantly deficient sewer capacity, which
would be exacerbated by allowing second units, have been identified, based on the following:
a. Second units are housing units, which are not anticipated in the build-out scenario for the City, and
the City recognizes a probable increase in the amount of discharge into the sewers generated by
the addition of a second unit compared to a minor expansion of an existing unit, which would be
permitted;
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b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer capacity
will overburden the existing sewers;
c. Areas where some sewer capacity remains but is not adequate to provide for build-out of the
current zoning should not be further burdened by allowing second units because in these areas,
even with sewer improvements, sufficient capacity may not be available to adequately serve
second units, since proposed plans for sewer capacity upgrades have not taken into account these
unanticipated housing units;
d. Permitting second units in said identified areas may lead to sewer spills into the City's storm drain
system, which may constitute a hazard and would subject the City to severe penalties under its
National Pollutant Discharge Elimination System ("NPDES") Permit;
e. Permitting second units in said identified areas would constitute a health and safety hazard, and
would have adverse impacts on the public health, safety and welfare.
4. Following review and analysis of on-street parking throughout the City, as discussed in the
Staff Reports to the Planning Commission dated April 21, 2003, and June 16, 2003, which discussion is
incorporated herein by this reference, certain areas of existing significant deficiencies containing insufficient
capacity for parking, which would be negatively impacted by the creation of second units, have been
identified, based on the following:
a. Said areas are so significantly impacted by deficient on-street parking that the residents have
sought and obtained parki~g.by'per.mit. onl.y' on public streets through the City's-parking_permit
program;
b. Although on-site parking is required as a part of the proposed ordinance permitting second units,
the number of parking spaces vyhich may be required is restricted by State law, and the sxperience
throughout the City, as indicated by the Traffic Engineer, is that overFlow parking onto public
streets is frequently utilized even when existing parking requirements are met;
c. The need for "permit only' parking on streets indicates that parking needs for these neighborhoods
are not being absorbed on-site, and it can be anticipated that allowing second units, which
introduce additional households and may include multiple drivers, will cause a detrimental effect on
an already burdened neighborhood, and have negative impacts on traffic flow as residents seek
parking spaces; and
d. Permitting second units in said areas would exacerbate existing parking deficiencies, impact traffic
flows, and increase the likelihood that residents will park in areas that are not within reasonable
walking distance to the dwelling, thereby resulting in negative impacts on the public health, safety
and welfare.
5. Based on the above-described review and analysis of sewer capacity and on-street parking
throughout the City, a Deficiencies Area Map dated June, 2003, has been prepared identifying areas in the
City which are already burdened with sewer capacity and parking deficiencies and are not suitable at this
time for allowing second units without negatively impacting the existing neighborhoods and having adverse
impacts on the public health, safety and welfare.
6. The Planning Commission anticipates that the De~ciencies Area Map will be reviewed and
updated from time to time to ensure that the map continues to reflect areas where second units should not
be allowed and to remove areas which would no longer be negatively impacted by the creation of new
second units because improvements to the infrastructure or other changed circumstances have eliminated
the previously identified deficiency.
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WHEREAS, the adoption of this resolution pursuant to the Second Unit Ordinance to
implement the provisions of Government Code Sections 65852.1 and 65852.2 is statutorily exempt from the
California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines Section 15282(i) and further exempt from CEQA pursuant to CEQA Guidelines Section
15305, as a minor alteration to land use limitations which does not change land use or density in areas with
an average slope of less than 20 percent.
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City
Planning Commission does hereby approve the `Deficiencies Area' Map dated June, 2003, on file with the
Planning Department of the City, which identifies those certain locations having existing significantly deficient
sewer capaciry and/or existing significantly deficient on-street parking capacity where Second Units shall not
be permitted.
June 16, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRRERSON, ANAHEIM CITY PL"ANNING COMMISSION
ATTEST:
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SUPPQRT SUPERVISQR,. ANAHEIM CIT_Y PLA.N.NI.NG COMMISSION_ _.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Support Supervisor of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on June 16, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~`'f day of
o , 2003.
0 S~,¢~,
SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
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