Loading...
6602ORDINANCE NO. 6 6 0 2 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL-PURPOSE ZONES); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS); 18.92 (DEFINITIONS); AND 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE; ADJUSTMENT NO. 10 TO THE BEACH BOULEVARD SPECIFIC PLAN NO. 2017-1 (SP 2017-1) ZONING AND DEVELOPMENT STANDARDS; AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15061(B)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DEVELOPMENT APPLICATION NO.2024-00072 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 Orange County Superior Court issued a peremptory writ of mandate in Case No. 30-2022-01241823-CU-WM-CJC, Grandma's House of Hope v. City of Anaheim, et al, directing the City to revise definitions for "target population", "transitional housing", and "supportive housing" consistent with Government Code section 65582 and in accordance with Government Code section 65583, subdivision (c)(3), to consider transitional housing and supportive housing as a residential use of property, subject to only those restrictions that apply to other residential dwellings of the same type in the same zone; 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 "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 not subject to the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3) because the request is for a Code amendment and adjustment to ensure transitional housing and supportive housing are regulated in the same manner as other residential dwellings in the same zone and therefore would not have a significant effect on the environment; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: 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 and restated for Supportive and Transitional Housing, as follows: Table 4 A P---Permitted by Right PRIMARY USES: SINGLE-FAMILY C=Conditional Use Permit Required RESIDENTIAL ZONES N=Prohibited RH- RH- RH- RS-1 RS-2 RS-3 I RS-4 Special Provisions 1 2 3 Residential Classes of Uses Supportive Housin_g P P P P P P P Transitional P P P P P P P Housing 2 SECTION 2. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated for Supportive and Transitional Housing, as follows: Table 8-A P=Permitted by Right PRIMARY USES: COMMERCIAL ZONES C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Req uired C- C-R C-G O-L O-H Special Provisions NC Residential Classes of Uses Supportive Housing N N P P N Residential use of property when established by and in conformance with 18.08.030.150 Conversion of existing motels, and other commercial and office structures to Supportive Housing subject to 18.38.215 Transitional Housing N N P P N Residential use of property when established by and in conformance with 18.08.030.150 Conversion of existing motels, and other commercial and office structures to Transitional Housing subject to 18.38.215 SECTION 3. That Table 14-A (Primary Uses: 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 and restated for Supportive and Transitional Housing, as follows: Table 14-A P=Permitted by Right PRIMARY USES: PUBLIC AND C=Conditional Use Permit SPECIAL-PURPOSE ZONES Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions Residential Classes of Uses Dwellings —Multiple N N N P Dwellings —Multiple Family Family subject to 18.14.030.140, where applicable, and 18.40.090 Dwellings —Single -Family N N N P Dwellings —Single -Family Attached Attached subject to 18.14.030.140, where applicable, and 18.40.090 Dwellings —Single -Family N N N P One single-family detached Detached dwelling unit allowed on one legal lot in existence on July 8, 2004, the effective date of Ord. 5920. The development standards of the RS-2 Zone shall apply for lots 7,200 square feet or greater in size. The development standards of the RS-3 Zone shall apply for lots that are less than 7,200 square feet in size. Dwellings —Single -Family Detached subject to 18.14.030.140, where applicable, and 18.40.090 Supportive Housing N N N P Residential use of property when established by and in conformance with 18.14.030.140 One single-family detached dwelling allowed on one le al lot 0 Table 14-A P=Permitted by Right PRIMARY USES: PUBLIC AND C=Conditional Use Permit SPECIAL-PURPOSE ZONES Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required OS PR SP T Special Provisions in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size Transitional Housing N N N P Residential use of property when established by and in conformance with 18.14.030.140 One single-family detached dwelling allowed on one legal lot in existence on the effective date of Ordinance No. 6289, using the RS-2 and RS-3 Zone based on lot size SECTION 4. That Subsection .110 (Supportive Housing) of Section 18.36.030 (Residential Primary 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 as follows: 110 Supportive Housing. This use class consists of housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in Section 65582 of the Government Code as the same may be amended from time to time. SECTION 5. That Subsection .120 (Transitional Housing) of Section 18.36.030 (Residential Primary 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 as follows: .120 Transitional Housing. This use class consists of buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance as defined in Section 65582 of the Government Code as the same may be amended from time to time. SECTION 6. That Subsection .010 (Location) of Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) 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 as follows: .010 Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be located on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zone. .0103 Supportive and Transitional Housing, as defined by subsections .110 and .120 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co -located with an Emergency Shelter, subject to the requirements of subsection 18.38.125.080 (Supportive and Transitional Housing) of this Chapter 18.38 (Supplemental Use Regulations). SECTION 7. That Subsection .080 (Supportive and Transitional Housing) of Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) 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 as follows: .080 Supportive and Transitional Housing. Supportive and Transitional Housing, as defined by subsections .110 and .120 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co - located with an Emergency Shelter subject to the requirements of this Section 18.38.125 including approval of a Memorandum of Understanding (MOU) and a Conditional Use Permit (CUP), with the exception of units approved during a Shelter Crisis, as further described below. SECTION 8. That Section 18.92.230 ("T" 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 added to read as follows: "Target Population." Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions N. Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people as defined in Section 65582 of the Government Code as the same may be amended from time to time. SECTION 9. That Table 122-A (Primary Uses By Development Area: Residential Use Classes) of Section 18.122.050 (Uses) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: Table 122 A P Permitted by Right PRIMARY USES BY C=Conditional Use Permit (CUP) Required DEVELOPMENT AREA: M=Minor Conditional Use Permit (MCUP) Required RESIDENTIAL USE CLASSES N=Prohibited T=Telecommunications Antenna Review Permit Required R- R- MU- MU- N- R- O S-P P-R Special LM M M H C C Provisions Supportive P P P/C P/C N N N N N In the MU-M Housing and MU-H, a stand alone residential use on sites larger than 2.5 acres require approval of a CUP Transitional P P P/C P/C N N N N N In the MU-M Housing and MU-H, a stand alone residential use on sites larger than 2.5 acres require approval of a CUP SECTION 10. 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 11. 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 12. 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 14 day of January , 2025, and thereafter passed and adopted at a regular meeting of said City Council held on the 28 day of January , 2025, by the following roll call vote: AYES: Mayor Aitken and Council Members Balius, Leon, Kurtz and Maahs NOES: Mayor Pro Tem Meeks and Council Member Rubalcava ABSENT: None ABSTAIN: None ATT CITY LARK OF THE CITY OF ANAHEIM CITY OJN i HY M 7 ■ OR OR THE CITY OF ANAHE 0 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. 6602 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of January. 2025, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of January, 2025, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Balius, Leon, Kurtz and Maahs NOES: Mayor Pro Tern Meeks and Council Member Rubalcava ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th of January. 2025. ATYK OF THE Cl*OF ANAHEIM (SEAL) ANAHEIM BULLETIN 'R See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 714 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 02/0612025 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: Feb 6, 2025. Ayt4 (;71�_ - ORD-6602 (5190168) - Page 1 Of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6602 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04 (SINGLE-FAMILY RESIDENTIAL ZONES); 18.08 (COMMERCIAL ZONES); 18.14 (PUBLIC AND SPECIAL- PURPOSE ZONES); 18.36 (TYPES OF USES); 18.38 (SUPPLEMENTAL USE REGULATIONS; 18.92 (DEFINITIONS); AND 18.122 (BEACH BOULEVARD SPECIFIC PLAN NO.2017-1 (SP2017- 1) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE; ADJUSTMENT NO.10TO THE BEACH BOULEVARD SPECIFIC PLAN NO.2017-1 (SP2017-1) ZONING AND DEVELOPMENT STANDARDS; AND FINDINGAND DETERMINING THATTHIS ORDINANCE IS NOT SUBJECT TOTHE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15061(13)(3) BECAUSE IT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DEVELOPMENT APPLICATION NO. 2024-00072 This ordinance amends sections of Title 18 (Zoning) of the Anaheim Municipal Code to consider transitional housing and supportive housing as a residential use of project, subject to only those restrictions that apply to other residential dwellings of the same type In the same zone, and as ordered by the Orange County Superior Court In the case entitled Grandma's House of Hope v. City of Anaheim, et al , Orange County Superior Court Case No. 30-2022-01241823-CU-WM-CJC. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a summary of Ordinance No. 6602, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 14th day of January, 2025 and was duly Passed and adopted at a regular meeting of said Council on the 28th day of January, 2025 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Bollus, Leon, Kurtz and Maahs NOES: Mayor Pro Tern Meeks and Council Member Rubalcava ABSENT: None ABSTAIN: None The above summary Is a brief description of the subject matter contained In the text of Ordinance No. 6602, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This surnmary does not Include or describe every provision of the ordinance and should not be relied on as a substltute for the ful I text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765- 5166, between 8:00 AM and 5:00 PM, Monday through Friday. There Is no charge for the copy. 1543851 LM Anaheim Bulletin Published: 2/6/25 ORD-6602 (5190168) - Page 2 of 2 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. 6602 and was published in the Anaheim Bulletin on the 6tt' day of February, 2025, pursuant to Section 512 of the City Charter of the City of Anaheim. Cl C ERK OF THE CI OF ANAHEIM (SEAL)