Resolution-PC 2018-012
ATTACHMENT NO. 2
EXHIBIT "A”
DRAFT CITY COUNCIL ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTERS 18.06 (MULTIPLE-
FAMILY RESIDENTIAL ZONES) AND 18.32
(MIXED USE (MU) OVERLAY ZONE) OF TITLE 18
(ZONING) OF THE ANAHEIM MUNICIPAL CODE
AND FINDING AND DETERMINING THAT THIS
ORDINANCE IS EXEMPT FROM THE
REQUIREMENTS TO PREPARE ENVIRONMENTAL
DOCUMENTATION PER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTION 15062(B)(3) BECAUSE
THERE IS NO POSSIBILITY THAT THIS
ORDINANCE MAY HAVE A SIGNIFICANT EFFECT
ON THE ENVIRONMENT.
(ZONING CODE AMENDMENT NO. 2017-00142)
(DEV2017-00127)
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, 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 isexempt from the
requirements to prepare additional environmental documentation pursuant to CEQA Guidelines
Section 15061(b)(3), on the basis that there is no possibility this ordinance may have a
significant effect on the environment; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance 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 Subsection .020 of Section 18.06.020 (Intent of Individual Zones) of
Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
18.06.020 INTENT OF INDIVIDUAL ZONES.
The multiple-family residential zones consist of the following.
.010 “RM-1” Multiple-Family Residential Zone. The intent of the “RM-1” Zone is to provide
an attractive, safe and healthy residential corridor environment along arterial highways, and
facilitate the conversion of underutilized strip commercial areas into housing. This zone also
encourages planned residential development for attached single-family townhouses with strong
street-facing orientation, incorporating a rear access drive or service alley, with a minimum
building site area per dwelling unit of three thousand three hundred fifty (3,350) square
feet. This zone implements the Corridor Residential land use designation in the General Plan.
.020 “RM-2” Multiple-Family Residential Zone. The intent of the “RM-2” Zone is to provide
an attractive, safe and healthy environment, with townhouses and other low-rise, attached,
single-family units with a minimum building site area per dwelling unit of three thousand (3,000)
square feet. This zone implements the Low-Medium Density Residential and Low-Medium
Hillside Density Residential land use designations in the General Plan.
.030 “RM-3” Multiple-Family Residential Zone. The intent of the “RM-3” Zone is to provide
an attractive, safe and healthy environment with multiple-family units with a minimum building
site area per dwelling unit of two thousand four hundred (2,400) square feet. This zone
implements the Low-Medium Density Residential, Mid Density Residential, and Medium
Density land use designations in the General Plan.
.035 “RM-3.5” Multiple-Family Residential Zone. The intent of the “RM-3.5” Zone is to
provide an attractive, safe and healthy environment with multiple-family units with a minimum
building site area per dwelling unit of one thousand six hundred (1,600) square feet. This zone
implements the Mid Density Residential and Medium Density land use designations in the
General Plan.
.040 “RM-4” Multiple-Family Residential Zone. The intent of the “RM-4” Zone is to provide
an attractive, safe and healthy environment with multiple-family units with a minimum building
site area per dwelling unit of one thousand two hundred (1,200) square feet. This zone
implements the Medium Density Residential land use designation in the General Plan.
SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of
Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
P=Permitted by Right
Table 6-A
C=Conditional Use Permit Required
PRIMARY USES: MULTIPLE-FAMILY
N=Prohibited
RESIDENTIAL ZONEST=Telecommunications Antenna
Review Permit Required
RM-RM-RM-RM-RM-
Special Provisions
1233.5 4
Residential Classes of Uses
Subject to § 18.38.100;
Dwellings–Multiple affordable housing may
C P P P P
Family be developed pursuant to
Chapter 18.50
Dwellings requiring a
Dwellings–Single-conditional use permit
C P C C C
Family Attached are subject to §
18.06.160
(a) Allowed only when
combined with single-
family attached
dwellings within the
same project; in the
RM-1 Zone, attached
housing must be
oriented toward any
Dwellings–Single-major or primary
C P P P P
Family Detached arterial or (b) one
single-family detached
dwelling allowed on
one legal lot in
existence on the
effective date of Ord.
5920, using the RS-2
and RS-3 Zone based
on lot size
Mobile Home Parks N C C C C
Residential Care Subject to §
P P P P P
Facilities 18.36.030.050
Senior Citizen Subject to Chapter
C C C C C
Housing 18.50
Supportive Housing C P P P P
Transitional Housing C P P P P
Note on Table 6-A-Residential Classes of Uses:
New Residential Development. All new residential
development within 600 feet of any railroad, freeway,
expressway, major arterial or primary arterial, as designated
by the Circulation Element of the General Plan, is subject to
the provisions of § 18.40.090.
Non-Residential
Classes of Uses
Antennas–
C C C C C
Broadcasting
Antennas–Private
C C C C C Subject to § 18.38.040
Transmitting
Antennas–
Telecommunications - Subject to §§ 18.38.060
T T T T T
Stealth Building-and 18.62.020
Mounted
Antennas–
Telecommunications -
C C C C C Subject to § 18.38.060
Stealth Ground-
Mounted
Antennas–
Telecommunications - N N N N N
Ground-Mounted
Subject to § 18.16.055
for office use only; no
Automotive–Sales
on-site storage, display
Agency Office P P P P P
or parking of any
(Wholesale)
vehicle being held as
inventory
Bed & Breakfast Inns N C C C C Subject to § 18.38.080
Community &
C C C C C
Religious Assembly
Convalescent & Rest
N N N N C
Homes
Day Care Centers C C C C C
Educational
N N C C C
Institutions–General
Golf Courses &
N N C C C
Country Clubs
Subject to §
Group Care Facilities C C C C C
18.36.040.070
Oil Production N C C C C Subject 18.38.180
Public Services C C C C C
Recreation–Low-
C C C C C
Impact
Recreation–
C C C C C
Swimming & Tennis
Room & Board C C C C C
Transit Facilities C C C C C
Utilities–Minor C C C C C
SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family
Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of
the Anaheim Municipal Code be, and the same is hereby, amended and restated 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
M=Minor Conditional Use Permit Required
ZONES
N=Prohibited
RM-RM-RM-RM-RM-
Special Provisions
1233.5 4
Subject to 18.38.015 ; only allowed on
Accessory
P P P P P properties with an existing single-family
Dwelling Unit
residence
Animal Keeping P P P P P Subject to § 18.38.030
Subject to § 18.38.050 (may require
Antennas–Dish P P P P P
conditional use permit)
P P P P P Subject to § 18.38.050
Antennas–
Receiving
Day Care–Large
P P P P P Subject to § 18.38.140
Family
Day Care–Small
P P P P P
Family
Subject to § 18.46.110; a fence or wall
Fences & Walls P P P P P may occur on a lot with or without any
other primary use structure
Home Occupations P P P P P Subject to § 18.38.130
Subject to Chapter 18.46; this use may
Landscaping &
P P P P P occur on a lot with or without any other
Gardens
primary use structure
Mechanical &
Utility Equipment– P P P P P Subject to § 18.38.160
Ground Mounted
Mechanical &
Utility Equipment– P P P P P Subject to § 18.38.170
Roof Mounted
Parking Lots &
P P P P P To serve needs of primary use only
Garages
Recreation
Buildings & P P P P P
Structures
Short-Term Subject to an administrative use permit
P P P P P
Rentals as provided in Chapter 4.05
Signs P P P P P Subject to Chapter 18.44
Must be mounted on the roof and, if
Solar Energy
P P P P P visible from the street level, must be
Panels
parallel to the roof plane
Valet Parking M M M M M
Shall be screened from view from
Vending Machines P P P P P adjacent non-industrial property and
public rights-of-way
SECTION 4. That Table 6-C (Temporary Uses and Structures: Multiple-Family
Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of
the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 6-C
TEMPORARY USES AND P=Permitted by Right
STRUCTURES: C=Conditional Use Permit Required
MULTIPLE-FAMILY RESIDENTIAL N=Prohibited
ZONES
RM-RM-RM-RM-RM-
Special Provisions
1233.5 4
Contractor’s
Office & P P P P P Subject to § 18.38.105
Storage
The office shall be removed at the end of two
Real Estate
(2) years from the date of the recording of the
P P P P P
subdivision map, or the sale of the last home,
Tract
whichever is earlier
Real Estate
P P P P P Subject to Chapter 18.44
Tract Signs
SpecialAllowed only for grand openings or a
P P P P P
Events significant remodel; subject to § 18.38.240
SECTION 5. That Table 6-D (Site Area Per Dwelling Unit: Multiple-Family Residential
Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 6-D
SITE AREA PER DWELLING UNIT:
MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Minimum Lot Area Per Dwelling Unit
RM-1 3,350 square feet, but may be modified pursuant to 18.06.160
RM-2 3,000 square feet
RM-3 2,400 square feet
RM-3.5 1,600 square feet
RM-4 1,200 square feet
SECTION 6. That Table 6-E (Lot Width: Multiple-Family Residential Zones) of Chapter
18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
Table 6-E
LOT WIDTH: MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Minimum Lot Width
RM-1 Subject to 18.06.160
70 feet, except that a building permit may be approved for development on
RM-2any City-approved, existing lot of record having a lesser width, subject to
compliance with all other provisions of this title.
RM-3 Same as RM-2
RM-3.5 Same as RM-2
RM-4 Same as RM-2
SECTION 7. That Table 6-F (Maximum Structural Height: Multiple-Family Residential
Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 6-F
MAXIMUM STRUCTURAL HEIGHT:
MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Maximum Structural Height
RM-1 40 feet; but may be modified pursuant to 18.06.160
40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in
RM-2
height may be permitted by conditional use permit.
40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in
RM-3
height may be permitted by conditional use permit.
40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in
RM-3.5
height may be permitted by conditional use permit.
40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in
RM-4
height may be increased to 4 stories by conditional use permit.
SECTION 8. That Table 6-G (Floor Area: Multiple-Family Residential Zones) of Chapter
18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code
be, and the same is hereby, amended and restated to read in full as follows:
Table 6-G
FLOOR AREA: MULTIPLE-FAMILY RESIDENTIAL ZONES
Minimum Floor Area for Attached Single-Family, Two-Family, and
Zone
Multiple-Family Dwellings
RM-1 Subject to 18.06.160
Studio units: 550 square feet; provided, however, that the number
of studio units shall not exceed 20% of the total number of units.
One-bedroom units: 750 square feet
RM-2
Two-bedroom units: 950 square feet
Three-bedroom units: 1,150 square feet
Four-bedroom units: 1,350 square feet
Studio units: 550 square feet; provided, however, that the number
of studio units shall not exceed 20% of the total number of units.
One-bedroom units: 700 square feet
RM-3Two-bedroom units: 825 square feet
Three-bedroom units: 1,000 square feet
More than a three-bedroom unit: 1,000 square feet, plus 200 square feet for
each bedroom over three
RM-3.5 Same as RM-3
RM-4 Same as RM-3
SECTION 9. That Table 6-H (Maximum Site Coverage: Multiple-Family Residential
Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
Table 6-H
MAXIMUM SITE COVERAGE:
MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Minimum Structural Height
RM-1 50% for residential and accessory structures
RM-2 40% for residential and accessory structures
RM-3 45% for residential and accessory structures
RM-3.5 50% for residential and accessory structures
RM-4 55% for residential and accessory structures
SECTION 10. That Table 6-I (Minimum Size of Recreational – Leisure Areas: Multiple-
Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to
read in full as follows:
Table 6-I
SIZE OF RECREATIONAL-LEISURE AREAS:
MINIMUM
MULTIPLE-FAMILY RESIDENTIAL ZONES
Zone Minimum Area
350 square feet for each dwelling unit; amounts may be modified pursuant
RM-1
to § 18.06.160
RM-2 1,000 square feet for each dwelling unit
RM-3 350 square feet for each dwelling unit
RM-3.5 275 square feet for each dwelling unit
RM-4 200 square feet for each dwelling unit
SECTION 11. That Subsection .010 of Section 18.06.160 (Residential Planned Unit
Development) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as
follows:
.010 Residential Planned Unit Development. All development in the “RM-1” Zone and any
development in the “RM-3,” “RM-3.5,” or “RM-4” Zones that includes single-family attached
and detached dwellings shall be subject to approval by the Planning Commission of an
application for a conditional use permit. Except as otherwise specified in this section, the
application shall be processed pursuant to Chapter 18.60 (Procedures) and Chapter 18.66
(Conditional Use Permit). Planned Unit Development is defined in Section 18.92.190 (“P”
Words, Terms and Phrases) of Chapter 18.92 (Definitions).
SECTION 12. That Section 18.32.010 (Purpose) of Chapter 18.32 (Mixed Use (MU)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.32.010 PURPOSE.
The purpose of this chapter is to establish the Mixed Use (MU) Overlay Zone. The purpose of
the (MU) Overlay Zone is to implement the Mixed Use Mid Density, Mixed Use Medium
Density, and Mixed Use High Density General Plan Land Use Designations; and define
allowable land uses and property development standards, including intensity of development, for
mixed-use areas, in order to produce healthy, safe and attractive neighborhoods within the City
of Anaheim, consistent with the policy direction in the Anaheim General Plan. More
specifically, the intent of the (MU) Overlay Zone is to accomplish the following objectives:
.010 To encourage mixed-use projects that combine residential with non-residential uses in
the same building or project area as a means to create an active street life, enhance the vitality of
businesses, and reduce the need for automobile travel.
.020 To provide additional housing options for people, including but not limited to, young
professionals and older people, who want to live near their workplace and/or near retail and other
non-residential uses;
.030 To encourage mixed-use projects at certain intersections and along certain streets, while
simultaneously discouraging commercial-only development in mid-block areas;
.040 To ensure on-site compatibility of residential and non-residential uses; and
.050 To ensure compatibility of mixed-use projects with surrounding uses and development
patterns.
SECTION 13. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter
18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended and restated to read in full as follows:
Table 32-A P=Permitted by Right
PRIMARY USES: C=Conditional Use Permit Required
MIXED USE OVERLAY ZONE
M=Minor Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Residential Classes of Uses
Dwellings–Multiple- Family C 24-hour on-site management is required
Dwellings–Single- Family Attached C
Senior Citizen Housing C Subject to Chapter 18.50
Supportive Housing C
Transitional Housing C
Non-Residential Classes of Uses
Alcoholic Beverage Sales–Off-Sale C
Permitted with minor conditional use permit if
Alcoholic Beverage Sales–On-Sale M/C
accessory to a primary restaurant use
Animal Grooming P
Shall be fully screened by the building to which
Antennas– Telecommunications C
they are attached; subject to § 18.38.060
Automotive-Public Parking M
Automotive-Sales Agency Office (Retail) M
Subject to § 18.16.055 for office use, only; no on-
Automotive–Sales Agency Office
Psite storage, display or parking of any vehicle
(Wholesale)
being held as inventory
Automotive-Repair & Major Modification N
Automotive-Repair & Minor Modification N
Bars & Nightclubs C
Business & Financial Services P
Computer Internet & Amusement Facilities N
Convenience Stores C Subject to § 18.38.110
Dance & Fitness Studios–Large C
Dance & Fitness Studios–Small P
Drive-Through Facilities C
Educational Institutions–Business M
Entertainment Venue C
Hotels & Motels C
Markets–Large P Subject to § 18.38.155
Markets–Small P Subject to § 18.38.155
Medical & Dental Offices P
Offices P
Massage subject to § 18.16.070, except massage
Personal Services–General P
not permitted within Live/Work Units.
Personal Services–Restricted C
Recreation–Commercial Indoor C
Allowed only as an accessory use to a primary
Recreation–Low-Impact P
use
Repair Services–Limited P
Research and Development N
Restaurants–General P Subject to § 18.38.220
Restaurants–Outdoor Dining P Subject to § 18.38.220
Retail Sales–General P
Retail Sales–Kiosks M
Subject to a short-term rental permit as provided
Short-Term Rentals P
in Chapter 4.05
Transit Facilities C
Utilities–Major P
Allowed only as an accessory use to a primary
use
Wine Bars C
SECTION 14. That Section 18.32.040 (Site Area and Floor Area Ratio) of Chapter 18.32
(Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and
the same is hereby, amended and restated to read in full as follows:
18.32.040 SITE AREA AND FLOOR AREA RATIO.
The minimum density is twenty-seven (27) dwelling units per acre, or as determined by
conditional use permit. The maximum density for multiple-family dwellings and the minimum
floor area ratio for non-residential uses are shown in Table 32 D.
SECTION 15. That Table 32-D (Site Area and Floor Area Ration: Mixed Use Overlay
Zone) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
Table 32-D
DENSITY AND FLOOR AREA RATIO:
MIXED USE OVERLAY ZONE
Maximum Density Floor Area
ğƓķ
Per the property’s General Plan Land Use Element land use designation
SECTION 16. 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 17. 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 18. 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 ____ day of ______________, 2018, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2018, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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