PC 74-179~ ~
RESOLUTION N0. PC74-179
A RESOLUTION OF THE PLANNING C011MISSION OF THE CITY OF ANAHEIM
RECOMMENDING TO TNE CITY CJUNCIL OF THE CITY OF ANAHEIM
AMENOMENT TO ANAHEIM MUNILIPAL CODE, TITLE 18, ZONING,
PERTAlNING TO RESIDENTIAL PLANNED UNIT DEVELOPMENTS
WHEREAS, at their meeting of June 25, 197~+. the City Council gave Pirst
reading to an ordinance adopting Chapter 18.31 entitied "RM-4000" ;Residential,
Multiple-Family) Zone, and provisions of the new zone were intended to supple-
ment and/or supplant existing zoning provisions pertaining to the location and
development of cluster subdivisions, such as condominiums, comnunity apart-
ments, and other forms of residential planned unit developments (R,P.U.D.'s);
therefore, existing provisions in Title 18 pertaining to R.P.U.D.'s should be
amended in order to prevent conflict with provisions of the newly-adoptecf
zone; and
1,~HEREAS, the Anaheim City Planning Commission did hold a public hearing
at the City Hall in the City of Anaheim on August 19, 1974, at 2:00 p.m.,
notice of said public hearing having been given as required by law and in
accordance with the provisions of the A~aheim Municipal Code, to hear and
cor~sider evidence for and against said proposed amendments and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration o` al)
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That all forms of Residential Planned Unit Developments (R.P.U.D.'s)
incl~• '^n "cluster subdivisions," condominiums, community aPartments,
t~' _.,s, rowhouses, etc., are presently considered under the
toning code as "Planned Residential Developments" (P.R.D.'s) which
are defined as being "a residential development of three or more
main buildings and substantially incorporating the site planning
principles of City Council Resolution No. 64R-861, Exhibit "A"
(Section 18.08.065)."
2, That this definition is not only ambiguous, but requires reference
to, and interpretation of a separate document (Resolution 6~tR-861)
to determine whether the project "qualifies" as a P.R.D.
3, That prior to the adoption of the RM~4000 Zone, P.R.D.'s were not
a Iisted permitted use in any zone and were permitted only by
Conditional Use Permit (CUP) subJect to compliance with the density
and site development standards of the underlying residential zone
in which located, excepting for certain standards for site coverage,
walls, parking and setbacks, contained in Resolution 64R-861 which
were 5pecified to apply in lieu of standards of the particular zone,
Additionally, provisions of the code are ambiguous as to deter-
mination of appropriate zone~ for the Iccation of P.R.D,'s, as
under Chapter 18.64 (Conditional Uses), P.R.D.'s are a permitted
conditional use in any zone (Section 18.64.020(I)(e)), whereas
under Resolution 64R-861 said developments are permitted conditional
uses in any residential zone.
Further, lack of an appropriate zone for the location of P,R.D.'s
also resulted in several instances of reclassification of pr~perties
to the R-2 or R-3 Zones for the development of such projects, where-
as the permitted densities ii! such zones exceed densities normal to
P.R.D.~s, resulting in the inappropriate classification of proper-
ties which are rot representaci~ue of the actual densities of the
developments located on such pr~operties.
4. That on May 14, 1974, the Gity I;ouncil approved an amendment to
Chapter 18.04 of the Zoning Cod~: requiring approval of a Condominium
Conversion Permit prior to conversion of any apartment to a condo-
minium unit (Section 18.04.162); said permit to be issued "only
after it has been determined th,at the existin9 structure conforms
to the site development standards fcr P.R.D.'s as approved by the
City Council."
-~- RESOLUTION N0. PC74-179
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This stipulation was maoe prior to the adoption of the RM-4000 Zonc,
which includes appropriate site development standards for R.P.U.D.'s.
5, Current code provisions pertai~ing to the location and/or development
of R.P.U.D.'s are vague and ambiguous, and ir~ snme areas conflict
with provisions of the newly-adopted RM-4000 Zone, It would, there-
fore, appear necessary a~: desirable to amend those sections of Yhe
Zoning Code which do not accurately reflect the City's policies and
practices in regards to R.P.U,D.~s.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby adopt and recommend to the Lity Cuuncil of the City of Anaheim
adoption of amendments to the .anaheim Municipal Code, Title 18, Zoning, per-
taining to Residentic.l Planned Unit Developments, said amendments being
recommended as follows:
1, That the existing definition of "Planned Residential Development"
(Section 18.08.605) be deleted from the Zoning Code in its entirety
and a new general definition for Planned Unit Deveiopments {P.U.D,'s),
applying to not only residential, but cumnercial and '+ndustrial P.U.D.'s
as well, be added to Chapter 18.08 (Definitions) as iollows:
"18,08.605 "Planned Unit Development (P.U.D.)": A large scale devel-
opment of a parcel or of a combination of related parcels to be devel-
oped by a single owner or group of owners acting jointly, involving a
related grcup of uses, planned as an entity and having a predominant
developmentai feature which serves to unify or organize develop~rent
and is, therefore, susceptible to development and regulation as one
unified land unit rather than as a mere aggregation of individual
buildings and structures located on separate lots. In the case of
Residential Pianned Unit Developments (R.P.U.D.'s), such definition
shall include cluster subdivisio~s, townhouses, ruwhouses, condominiums,
community apartments, stock cooperatives and all large scale develop-
ments of attached or semi-attached one-family dwellings."
2, That Section 18.04.162 "Conversion of Existing Structures" (condo-
miniums and community apartments) be amended to read as fo11ow5:
"18.04.162 Conversion of Er.isting Structures. Any person, fir~n,
partnership, corporation, association or other entity proposing to
convert an existing multiple-family structure to a condomirium or
community apartment shall first apply for and obtain from tlie Zoning
Division of the Development Services Department a Condominium
Conversion Permit. Such permit shall be issued only after it has been
determined that the existing structure conforms to the site develop-
ment standards for R.P.U.D.'s as provided in Chapter 18.31 (RM-4000
Zone) of the Anaheim Municipal Code, except as may otherwise be
permitted by Varia~ce in accordance with the procedures and findings
as prescribed therefor, and in compliance with the Uniform Building
Code, as adopted by the City of Anaheim."
3, That Chapter 18.64 (Conditional Uses) be amended by deleting Sub-
section 18,64.020(I)(e) pertaining to Planned Residential Oevelopments.
~~(e) Planned Residential Developments subject to the provisions of
the resolution governing planned residential developments adopted
by the City Council."
4. That the following sections of the Code be amended to repiace the
existing provisions pertaining to r'lanned Residential Development5
in all such sections with the pravisions noted below:
18,13,020.C.3 Conditional Use (pertaining to R-H-10,000 Zone)
18.18.025(1) Conditional Use (pertaining to R-E Zone)
18.20,015(1) Conditional Use (pertaining to R-0 Zone)
18.24.015(1) Conditional Use (pertaining to R-1 Zone)
18.26,040(1) Conditional Use (pertaining lo RS-5000 Zone~
_2_ RESOLUTION N0. PL74-~79
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~ , "Residential Planned Unit Developments (R.P.U.~.'s) subject to the site
development standards of Chapter 18.31 RM-4000 Zone, excepting that
dwelling unit densities shali not exceed the limitations prescribed
in this zone."
5. That the provisEons in both Multiple-Family ~esidential (M.F.R.) Zone
Districts be amended to provide for the location of R.P.U.D.'s. The
appropriate amendments to permit R.P,U,D.'s as a permitted use in both
the R-2 and R-3 Districts being as follows:
(a) Amend Section 18.28.020(1)(Permitted Buildings, Structures and
Uses) to delete the underscored portion of said section pertaining
to P.R.D.'s as follows:
~~(;) Subject to the provisions of this zone, the foliowing buildings,
structures, and uses, either singly or in combination, are
permitted; provided that where three or more main buildinqs for
residential use are located on a build~n s~te the rovisions of
the resolution qoverninq Planned Residential Developments, adopted
by the CitY Council shall applY:"
said section *_:, then read as follows:
"Subject to the provisions of this zonA, the fallowing build-
ings, structures and uses, either singly or in combination,
are permitted:"
(b) Add a new subsection to Section 18.28.020(1), as follows:
"(e) Residential Planned Unit Developments (R.P.U.D.'s}, subjest
to all restrictions and regulations of Chapter 18.31 RM-4000 Zune."
(c) Amend Section 18.28.040 (Conditional Uses), by deleting the following
subsection:
"(1) Planned residential developments subject to the provisions of the
resolution governing planned residential developments adopted by the
City Council."
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission recommends that
City Council Resolution No. 64R-861, pertaining to criteria for ti~a development of
Planned Residential Developments, be repealed since more contemporary provisions for
the development of same are contained in the newly-ad~pted RM-4000 Zone.
THE FOREGOING RESOLUTION is signed and approved by me this 19th day of
August, 1974. „ ~-~ ~ _
C RMAN A HE CITY PL~~NNING COM`115510N
ATTEST:
~~~~
SECRETAP,Y ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNtA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Se.retary of the City Planninn Commission of the City of
Anaheim, do hereby certify that the foregoing resolution was passed and adopted
at a meeting of the City Planning Commission of the City of Anahcim, he~id on
Angust 19, 1974> at 2:U0 o'clock P.M., by the rollowing vote of the members
thereof:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSIONEFS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNE55 WHEREOF, I have hereunto set my hand this 19th day of August, 1974.
~~"~ . ~,~ ~ A~-s /
~ECRETARY ANAHEIM CITY P NNIhG COMMISSION ~
_3_ RESOLUTION N0. °C74-179