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6419ORDINANCE NO. 6 419 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 15.70 (PRESERVATION OF RENTAL HOUSING PROPERTIES) OF TITLE 15 (BUILDING AND HOUSING) AND 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 21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE. (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 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 "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 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 from time to time and by resolution, the City Council may identify 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. 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: 2 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. 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. 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: N P=Permitted by Right Table 4-13 ACCESSORY USES AND STRUCTURES: C=Conditional Use Permit Required SINGLE-FAMILY RESIDENTIAL ZONES N=Prohibited RH-I RH-2 RH-3 RS -1 RS -2 RS -3 RS -4 I Special Provisions Accessory Living Quarters P P P P P N N Subject to 18.04.080.020 & 18.38.020 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 N Subject to 18.38.030, except that in the RH-2 Animal Keeping P P P P P P P 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 & P P P P P P P Subject to Chapter 18.46; this use may occur Gardening on a lot with or without a dwelling Mechanical & Utility Equipment— P P . P P P P P Subject to 18.38.160 Ground Mounted Mechanical & Utility Equipment— N N N P P P P Subject to 18.38.170 Roof Mounted Parking Lots & P P P P To serve needs of primary use only; four -car Garages P P P limit for garages in RS -1 and RS -2 Zones Petroleum Storage—Incidental P P P P P P P Recreation Buildings & P P P P P P P Structures Short -Term P P P P P P P Subject to an administrative use permit as Rentals RM -4 Special Provisions Accessory Dwelling provided in Chapter 4.05 Solar Energy P P P P existing single-family residence Animal Keeping P P Panels P P P P P P P Subject to § 18.38.170 Senior Second C C C C C C N Units Family P P P P Subject to § 18.38.140 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 P=Permitted by Right ACCESSORY USES AND STRUCTURES: C=Conditional Use Permit Required MULTIPLE -FAMILY RESIDENTIAL ZONES N=Prohibited RM -1 RM -2 RM -3 RM -4 Special Provisions Accessory Dwelling Subject to 18.38.015; only allowed on properties with an Units P P P P 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 Home Occupations P P P P Subject to § 18.38.130 Landscaping & P P P P Subject to Chapter 18.46; this use may occur on a lot with or Gardens without any other primary use structure Mechanical & Utility Equipment— P P P P Subject to § 18.3 8.160 Ground Mounted Mechanical & Utility ACCESSORY USES AND P=Permitted by Right STRUCTURES: C=Conditional Use Permit Required Equipment— P P P P Subject to § 18.38.170 Roof Mounted SP T Special Provisions Parking Lots & P P P P To serve needs of primary use only Garages one legal lot in existence on July 8, 2004, the effective date of Ord. 5920, with a Recreation Buildings P P P P N & Structures N P Medium Hillside Density and Low -Medium Density. The development standards of Dwelling Unit Signs P P P P Subject to Chapter 18.44 development standards of the RS -3 Zone shall apply for lots that are less than 7,200 Subject to an administrative use permit as provided in Chapter Short -Term Rentals P p p P 4.05 P P P Subject to § 18.16.060 in conjunction with a commercial use Entertainment Must be mounted on the roof and, if visible from the street Solar Energy Panels P P P P level, must be parallel to the roof plane Allowed only if agricultural operation on the lot is a minimum of 10 acres; no Workers Shall be screened from view from adjacent non -industrial Vending Machines P P P p 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 P=Permitted by Right STRUCTURES: C=Conditional Use Permit Required PUBLIC AND SPECIAL-PURPOSE N=Prohibited ZONES OS PR SP T Special Provisions 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 - Accessory N N N P Medium Hillside Density and Low -Medium Density. The development standards of Dwelling Unit 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. Accessory N P P P Subject to § 18.16.060 in conjunction with a commercial use Entertainment Agricultural Allowed only if agricultural operation on the lot is a minimum of 10 acres; no Workers N N N P kitchens are allowed Quarters Animal Keeping P P P P Only in conjunction with residence; subject to § 18.38.030 rel Antennas—Dish P P P P Subject to § 18.38.050 Antennas— p P P P Subject to § 18.3 8.050 Receiving Bingo N N P P Subject to Chapter 7.34 Establishments Caretaker Units P P P P Subject to § 18.38.090 Day Care—Large N N N P Subject to § 18.38.140 Family Day Care—Small N N N P Family 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 & P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Gardens Mechanical & Utility Equipment— p P P P Subject to § 18.38.160 Ground Mounted Mechanical & Utility p P P P Subject to § 18.38.170 Equipment— Roof Mounted Parking Lots & P P P P To serve needs of primary use only Garages Petroleum Storage— N N N P Incidental Portable Food N P P P Subject to § 18.38.210 Carts Recreation Buildings & P P P P Structures Recycling Services— N P P P Subject to Chapter 18.48 Consumer Signs P P P P Subject to Chapter 18.44 Solar Energy P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to Panels the roof plane Vending P P P P Shall be screened from view from public rights-of-way and shall not encroach onto Machines 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 Accessory 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. .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 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. M .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. .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 10 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. .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. .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. 11 .3 10 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. 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. 12 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. 18.38.240 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) 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 13 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; .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: 14 .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: Accessory Dwelling Minimum Maximum Unit Type Allowable Floor Allowable Floor Area Area Efficiency Unit - 400 square feet 30% of main dwelling unit or 549 Attached square foot, whichever is less Efficiency Unit - 400 square foot 50% of main dwelling unit or Detached 549 square feet, whichever is less Studio, One -Bedroom 30% of main dwelling unit or or Two -Bedroom 550 square foot 900/1,200* square feet, whichever Attached - Attached is less Studio, One -Bedroom 50% of main dwelling unit or or Two -Bedroom 550 square foot 900/1,200* square feet, whichever Attached - Detached is less *Maximum of 1,200 square feet only allowed on lots that are a minimum of 19,000 square feet in size in all zones where permitted. For lots that are smaller than 19,000 square feet in size, the maximum allowed size is 900 square feet in all zones where permitted. .0605 The Accessory Dwelling Unit shall contain no more than two (2) bedrooms; 15 .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; .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; 16 .0706 Permitted driveways and walkways shall occupy no more than fifty 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 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; 17 .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. .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 nonconfon-nities 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; 01.1 .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. SECTION S. 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 Unit, as defined in Chapter 18.36 (Types of Uses) 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; 19 .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. .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). SECTION 9. That Section 18.38.230 (Second Units) be deleted in its entirety from Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code. 20 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 Accessory Dwelling Unit or senior second unit 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. .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) 21 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. 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. .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. 22 .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. 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: .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 23 Minimum Number of Parking Spaces Total Number of Bedrooms per Unit Studio unit 1.25 1 bedroom 2.0 2 bedrooms 2.25 3.0 (plus 0.5 space for each bedroom 3 or more bedrooms 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 23 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; .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 24 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. .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. .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 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 25 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). 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. 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. .0701 Accessory Dwelling Units, as defined in paragraph .005 of subsection 18.36.050 (Accessory Use Classes) and in conformance with the criteria and standards of Section 18.38.015 (Accessory Dwelling Units) 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) 26 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 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, 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 pen -nits 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. .0801 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. 27 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. "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. 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: 28 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 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. 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: 3I 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. "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 Unit, as defined in Section 18.36.050 (Accessory Dwelling Units) of Chapter 18.36 (Types of Uses), that does not meet the requirements of Section 18.38.015 (Accessory Dwelling Units) for an Accessory Dwelling 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. 30 "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 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. 31 "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. 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: 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 P P I P P P I P Subject to Section 18.38.160 32 Equipment—Ground Mounted Mechanical & Utility Equipment—Roof Mounted P P P P P P Subject to Section 18.38.170 Outdoor Displays C I C C I 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 18.3 8.210 Recreation Buildings & N N P N N C Structures 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 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 Shall be screened from view from public Vending Machines P P P P P P 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. From the effective date of this Resolution, "Second Units" shall be renamed and referred to as "Accessory Dwelling Units". SECTION 17. 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. 33 SECTION 18. 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 19. 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 15thday of August , 2017, and thereafter passed and adopted at a regular meeting of said City Council held on the 2 9th day of August , 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes Moreno, Kring and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF HEI By: X, MAYOR OF THE CITY OF ANAHEIM ATTEST: ACTING CITY CLERK F THE CITY OF ANAHEIM 123878v1/LHM 34 CLERK'S CERTIFICATE CITY OF ANAHEIM COUNTY OF ORANGE STATE OF CALIFORNIA I, Theresa Bass, Acting City Clerk of the City of Anaheim, California, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 6419 , which was introduced at a regular meeting of the City Council of said City on 15th day of August, 2017 and was duly passed and adopted not less than five days later at a regular meeting of said City Council on 29th da.. o�gust, 2017 by the following vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None An agenda of said meeting was posted at least 72 hours before said meeting at 200 South Anaheim Boulevard, Anaheim, California, a location freely accessible to members of the public, and a brief general description of said Ordinance appeared on said agenda. I further certify that the foregoing Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: 30th day of August, 2017 Acting Cit Clerk of City of Anaheim AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) 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, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, 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: September 7, 2017 " 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 Santa Ana, Orange County, California, on Date: September 7, 2017 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION CITY OF ANAHEIM ORDMANCE N0, 6419 AN ORDINANCE OF 'THE;,;CITY OF ANAHEIM AMENDING CHAPTER 15.70 (PRESERVATION OF RENTAL HOUSING PROPERTIES) OF TITLE 15 (BUILDING AND HOUSING) AND TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE FOR THE PURPOSE OF REGULATING ACCESSORY DWELL ING UNITS AND COMPLYING WITH STATE LAW AND FIND ING AND DETERMINING THAT THIS ORDINANCE QUALI FIES FOR A STATUTORY EXMEPTION FROM THE PROVI SIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 21080.17 OF THE CALI FORNIA PUBLIC RESOURCES CODE. This ordinance provides for amendments to Chapter 15.70 (Preserva- tion of Rental Housing Properties) of Title 15 (Building and Housing) and Title 18 (Zoning) of the Anaheim Municipal for the purpose of regulating Accessory Dwelling Units (ADUs) in compliance with State law. This ordinance serves to implement recently -enacted State legislation requiring municipalities to encourage and facilitate the development of ADUs as a form of affordable housing by permitting ADUs in single-family zones or on lots containing an existing single- family home. As permitted by State law, the ordinance allows ADUs to be attached to the primary unit on the lot or detached; provides maximum floor areas; establishes setbacks for existing garages that are converted to ADUs; sets forth off-street parking requirements as mandated by State law; allows property owners to rent ADUs but Precludes the sale of the ADU separate from the primary dwelling unit; and, requires the owner of the property with an ADU to occupy either the main dwelling unit or the ADU. This ordinance also pro- hibits ADUs in areas identified by resolution of City Council as areas of the City of Anaheim with insufficient sewer infrastructure. I, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6419 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 15th day of August, 2017 and was duly Passed and adopted at a regular meeting of said Council on the 29th day of August, 2017 by the following roll call vote of the members AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, dfid Foessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter con- tained in the text of Ordinance No. 6419, which has been prepared Pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on cis a substitute for the full text of the ordi- nance. 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. 124382v1/LHM Publish: Anaheim Bulletin September 7, 2017 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6419 and was published in the Anaheim Bulletin on the 7T" day of September, 2017. ACTING CI Y CLERK OF THE CITY OF ANAHEIM (SEAL)